Understanding Medical Malpractice

Medical malpractice lawyer, Susan Capra, was interviewed by Clifford Law Offices in regards to malpractice cases. She explained the two common types of malpractice saying, “During surgery, [if] a surgeon cuts a wrong blood vessel or cuts on the wrong site – that’s an affirmative act. An example of an omission would be a failure to diagnose the condition.” Omission could also mean the doctor failed to pick up the red flags. She explained that in order to have a case you need four elements. First, the doctor has to have a duty with the patient. In order words, there has to be a professional physician-patient relationship. This is usually an element that is not difficult to establish, says Capra. The second element is the breach of that duty (or a deviation from the standard of care), or the doctor did something that a reasonable doctor would not. Basically, an error was made. Third, you need a proximate cause, which is a proximal link between the error and your injury. Lastly, you also need a serious injury. Many times one of these elements will be missing from the case. When this happens, attorneys are not able to proceed. Capra also explained the legal definition of medical malpractice and what to do if you believe you are a victim. The full interview, produced by Clifford Law Offices, can be watched here.