3 Proof of Fault Examples in Medical Malpractice Cases

Proof of Fault must be established to have a viable medical malpractice case.

Medical malpractice is any act performed by a physician during the treatment of a patient that deviates from accepted standards of care and results in an injury to the patient. These acts can take place during the diagnosis, treatment, or aftercare procedures. The injured patient must show that the physician acted negligently in supplying care, and that such negligence resulted in an injury.

Proof of fault must be demonstrated through these 4 elements:

1. A doctor/patient relationship existed.
2. The doctor committed a breach of professional duty owed to the patient that deviated from a standard of care expected from similar medical professionals.
3. The doctor’s breach of duty resulted in the patient’s injury.
4. The patient sustained an injury.

Establishing these 4 elements requires research and testimonies provided by medical experts. Expert testimonies are necessary to illustrate the standard of care expected among workers in that specialty. Referring to a few proof-of-fault examples in medical malpractice cases can help patients and lawyers better understand how to proceed should they ever find themselves involved in litigation against a healthcare provider or organization.

#1 Proof of Fault Example: A Late Diagnosis

In April 2003, a 42-year-old child-care worker went to Jacobi Medical Center in Bronx, New York. She experienced pain in her left breast that radiated down her left arm. Two biopsies revealed two masses. The surgeon advised the woman that the biopsy showed benign tissue that was read as negative.

The woman continued to experience pain after her biopsy. After feeling the mass in her left breast grow, she returned to Jacobi Medical Center. Once there, she was told she just needed to allow the mass to heal on its own.

In November 2003, the woman began suffering sharp, burning pain in her breast. In January 2004, she had another biopsy performed at a different hospital, Bronx Lebanon Hospital. The results were inconclusive.

One more biopsy the following month finally revealed that the woman had Stage IIIA breast cancer.

The woman claimed that the surgeon who performed her initial biopsy was negligent in failing to promptly diagnose her breast cancer, which lowered her chance for survival.

The 4 elements needed to show proof of fault in this case are:

1. The surgeon’s professional relationship with the patient.
2. The surgeon’s failure to properly diagnose the patient’s breast cancer.
3. The surgeon’s negligence resulted in the patient developing advanced-stage cancer.
4. The patient has advanced-stage cancer.

Result: The woman received a $1.25 million settlement.

#2 Proof of Fault Example: A Misdiagnosis

In Oklahoma in 1981, a man was brought to the Saint Francis Hospital emergency room because he complained of pain over his breastbone radiating to both sides of his chest. He was diagnosed as having gastritis and was released.

A few hours later, the man suffered cardiac arrest and was returned to the hospital by helicopter where he was pronounced dead.

The man’s widow claimed the hospital was negligent in falsely diagnosing her husband and in releasing him rather than keeping him under observation.

The 4 proof of life elements in this incident are:

1. The doctors’ professional relationships to the man.
2. The doctors’ misdiagnosing of the patient.
3. The doctors’ misdiagnosis resulted in the patient’s heart attack.
4. The patient was killed by a heart attack.

Result: The man’s wife received $75,000 in damages.

#3 Proof of Fault Example: Surgery Errors

A 27-year-old truck driver began to experience headaches and blurred vision in his left eye. When he saw an ophthalmologist, he was told he had a benign, non-cancerous tumor in his brain.

The man underwent surgery to remove the tumor, but it was not successful. He was forced to undergo a second surgery. The surgeons decided to temporarily remove a part of the skull bone to have better access to the brain

The surgeons made several errors before and during the surgery. Before the surgery, the surgeons failed to conduct an arteriogram or an angiogram. These procedures produce images of arteries and blood vessels. They are also considered necessary for such an operation.

The surgeons’ goal in performing the operation was to stop the compression on the optic nerve, not to remove the entire tumor. The surgeons did both. They also removed harmless adhesions that were located on the far side of the brain. Even with a better viewing angle of the brain, the surgeons did not have a clear view of the adhesions. Their negligence resulted in an artery bleed that caused the man to suffer a stroke.

Post-surgery, the man’s left side of his body was paralyzed, and he had no vision in his left eye.

The 4 elements of proof of fault here are:

1. The surgeons’ professional relationship to the patient.
2. The surgeons’ failure to properly prepare the patient for surgery and failing to properly perform the surgery.
3. The surgeons’ failure resulted in the patient’s paralysis and vision loss.
4. The patient is half-paralyzed and blind in one eye.

Result: The man received almost $3 million in damages.

Summary: Proof of Fault must be demonstrated to have a viable medical malpractice claim.

Medical malpractice cases can only be brought forward if proof of fault is demonstrated. If any proof of fault elements can’t be shown, then those cases should be dismissed. Knowing the elements can expedite an already painful process for all parties involved.

Knowing these elements can expedite an already painful process for all parties involved.

Learn more about what constitutes a legitimate medical malpractice claim in the 4 Ds of A Medical Malpractice Claim.

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