What are the primary sources of liability in health care malpractice lawsuits?

The primary sources of liability in health care malpractice lawsuits encompass several critical factors centered around the standard of care provided to patients. Failure to obtain proper informed consent is a significant issue because patients have the right to know the risks, benefits, and alternatives of any proposed treatment. Not informing patients adequately can lead to legal repercussions if they experience adverse outcomes and argue that they would not have undergone the procedure had they been fully informed.

Breach of contract also plays a role, particularly when the expectations set by the healthcare provider, either verbally or in writing, are not met. If a provider does not deliver the promised standard of care, they can be held legally accountable.

Furthermore, rendering poor-quality care is a central tenet of malpractice claims. If a healthcare professional fails to perform according to established medical standards, resulting in harm to the patient, they may be liable for that negligence. Collectively, these elements emphasize the importance of maintaining high standards of care and effective communication within healthcare settings, making them primary sources of liability in malpractice lawsuits.