Most medical tests and procedures come with a certain amount of risk of harm to the patient. However, much of this potential harm can be avoided if the treating physician and other medical professionals adhere to the accepted standard of care when treating the patient. The standard of care is generally determined by other industry professionals in the same field of medicine and is based on how a reasonable medical professional would act in similar circumstances.
Physicians who fail to meet the standard of care when treating a patient may be liable for medical negligence. Medical negligence may include:
- Failure to obtain informed consent prior to treatment
- Failure to timely diagnose a patient or misdiagnosis of a patient
- Failure to properly administer medication
- Surgical errors (e.g., leaving a surgical instrument inside a patient)
- Improper handling of a newborn during delivery, resulting in birth injuries
Establishing medical negligence as part of a medical malpractice suit requires evidence that proves the health professional failed to follow the appropriate standard of care, which caused the patient harm or injury. Evidence in these cases may include:
- Medical records providing details regarding the patient’s test results, diagnoses, and treatment plans
- Expert testimony from other healthcare professionals practicing in the same area of medicine
- Testimony from the patient and other witnesses
- Photos and documentation of the injuries or harm suffered by the patient as a result of improper care they received
Generally, under North Dakota law, a medical malpractice suit must be filed within two years of the date of injury. Patients hoping to recover damages should start collecting evidence and consulting with legal experts as soon as possible.