Doctors and medical staff are highly skilled individuals who undergo a lot of training. On the whole, they are very good at what they do. Nonetheless, they are only human, which means that they can make mistakes.
When a doctor makes a mistake, are they legally liable? The answer to this largely depends on the specific circumstances of the case. To be liable, a doctor must be found to have been negligent in the course of their duties. What does this mean?
The duty of care
Firstly, the doctors must have told the patient a duty of care. As doctors owe all of their patients a duty of care, this is typically easy to establish. A patient becomes a patient as soon as the doctor has agreed to discuss their medical issues with them.
There must have been a breach
A doctor doing their best but simply making a mistake is unlikely to count as negligence. There must have been a breach of duty, meaning an error that no other doctor would have reasonably been expected to make. An example of this may be performing a risky treatment on a patient while under the influence of alcohol.
The breach must have caused the injuries
A doctor under the influence may be subjected to internal disciplinary procedures and other legal measures, but this is not necessarily enough to constitute medical malpractice. For malpractice to occur, the doctor’s actions must have directly caused injury to the patient.
There must be damages
Finally, the patient must be able to show quantifiable damages. This can include things like medical bills for further injuries and lost wages due to having to take time off of work.
If your doctor has let you down, seeking legal guidance can help you hold them to account.