Most Cape Cod medical malpractice lawsuits are based on the principles of negligence law. To prove negligence, the plaintiff must prove that the defendant healthcare provider breached the applicable standard of care and that this breach was the proximate cause of the damages for which he or she seeks monetary compensation.
In addition to negligence-based malpractice allegations, some plaintiffs’ malpractices cases may involve other types of civil wrongs, such as battery or intentional infliction of emotional distress. It is possible that the plaintiff in such a case might be successful on some, but not all, of his or her claims. Ultimately, it is up to the trial court judge and the jury (if the case gets that far) to determine these issues.
Facts of the Case
In a recent case, the plaintiffs included the administratrix of a deceased cancer patient and a relative of the patient. According to the plaintiff’s medical malpractice complaint, the defendant medical providers had committed several acts of medical malpractice upon the deceased patient prior to her death. The plaintiffs sought compensation for these instances of medical negligence as well as for battery and intentional infliction of emotional distress.