With many hospital staff caring for patients, deciding who is liable in a malpractice case can be hard. Medical malpractice claims depend on the four “D’s”: duty, dereliction, direct cause, and damages. Proving all four allows you to seek maximum compensation. If hospital malpractice you or a loved one, our Harrisburg attorneys can answer your questions.
The Four “D’s” in a Hospital Malpractice Claim
Hospital malpractice means the hospital is responsible for a physician, nurse, or staff member’s wrongful actions. To win, you must prove these elements of medical negligence, also known as the “Four D’s”:
- Duty: When a patient and a healthcare provider have a relationship, the provider must care for the patient in accordance with accepted medical standards.
- Dereliction: The provider breaks this duty if they fail to do what is expected to properly treat your condition. This happens if a doctor does not take the same actions another doctor in the same specialty would take in a similar case.
- Direct cause: The healthcare provider’s mistakes must have led directly to your injuries.
- Damages: Because you were harmed, you suffered losses that can be measured, such as medical bills, lost wages, or pain and suffering.
Intervening Factors in a Hospital Malpractice Case
Hospitals have many moving parts, making it hard to find who is responsible for a patient’s injuries. Proving causation involves reviewing every healthcare provider’s actions. If causation is disputed, checking the timing of medical entries can reveal the full clinical picture.
Matters may become more complex if you see multiple providers within the healthcare system. The defendant is likely to argue that the other physician broke the chain of events between their actions and the harm you experienced. However, the initial doctor (defendant) is not off the hook if an intervening factor produces a foreseeable outcome, even if it disrupts the chain of events.
An Example
Take, for instance, if you go to the ER after experiencing chest pain and nausea. You are misdiagnosed by an ER doctor as having a heart attack when you are really experiencing a gallbladder attack. The ER doctor schedules an appointment for you to be examined by one of the hospital’s cardiologists. The cardiologist performs an electrocardiogram (EKG) to test the electrical activity in the heart. The specialist also tests your troponin levels (a protein released into the bloodstream when heart muscle is damaged).
Your EKG is normal, and your troponin levels show no heart attack. You are sent home and later have another gallbladder attack, this time with severe pain in your back and chest. The delayed diagnosis causes your gallbladder to rupture at home. You need emergency surgery and develop sepsis, requiring weeks in the ICU.
Since the cardiologist’s actions were foreseeable, the ER doctor and the hospital are liable for your injuries. This scenario shows how hospital malpractice cases can quickly become complex. If you were harmed by a provider in a hospital, Marzella & Associates is here to help gather evidence and prove liability.
Reach Out to Our Harrisburg Hospital Malpractice Lawyers
Most medical institutions are overburdened and understaffed, blurring the lines of liability. At Marzella & Associates, our Harrisburg hospital malpractice attorneys want to see justice served. Our legal team will not stop until you receive adequate compensation for your physical, emotional, and financial damages. To learn the true value of your malpractice case, contact us online or call (717) 876-8681.