In a medical Mal-practice lawsuit, can the plaintiff seek, all records of employees involved? Also, all adverse incident reports related to similar incidents of any other patients or guest who had similar experiences?

 

Medical Malpractice

Medical malpractice denotes an incidence where the doctor fails to meet the set professional standard of care thereby occasioning harm to the patient. Like in all other legal suits, filing a medical malpractice case requires one to prove several elements. There requirements form the basis of a medical malpractice suit:

1.    Duty of care 

Upon agreeing to provide health services to the patient, such a doctor has a duty of care to the patient. The employees records can aid in proving this particular element. Therefore, records relating to the employees are critical in malpractice suits.

2.    Deviation from the set standard 

Every doctor has a duty to provide medical treatment based on the medical professional standard. Medical practitioners ought to provide patients care with skill, diligence, and care. Deviation is proved through the following:

-      Misreading laboratory report

-      Recommending unnecessary surgery 

-      Misdiagnosis 

-      Using improper medical equipment 

3.    The direct cause of the injury 

It is essential to prove the direct cause that led to the damages suffered by the patient. In essence, this means that the healthcare practitioner's deviation must be the primary cause of the injury and not any other intervening injuries.

4.    Damages suffered by the patient 

The plaintiff has to prove on a balance of probability that the medical professional negligence led to the damages he or she suffered. Damages are proven through the following:

-      Hospital bills 

-      Therapy 

-      Lost wages 

As such, evidence relating to other patients who had similar experiences under the same health practitioner are not admissible since they do not have any probative value.