On what grounds one can file malpractice lawsuit against hospital or the doctor concerned?
If the following incidents happen then one can file medical malpractice lawsuit in the court:
1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached — the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or ‘the thing speaks for itself’).
3. The breach caused an injury — The breach of duty was a proximate cause of the injury.
4. Damages — Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.