Medical Malpractice: A Subset of Personal Injury

In the United States, studies have shown that medical errors are a leading cause of death. Not surprisingly, medical malpractice lawsuits are also common. Whether an injury claim rises to the level of warranting a medical malpractice suit depends on the circumstances.

Medical negligence occurs when a medical professional’s acts or omissions fail to meet the applicable standard of care. If the patient suffers an injury, the patient could have a viable medical malpractice case.

Some principles of personal injury law apply to a medical negligence claim. If you or a loved one believe you’ve suffered from medical malpractice, it’s prudent to hire an experienced medical malpractice lawyer. Not all personal injury attorneys have the necessary experience in medical malpractice law. It’s critical to hire a personal injury lawyer with relevant experience.

FindLaw provides resources to help you learn more about medical malpractice. Please visit the following FindLaw articles to learn more on this topic:

• Medical Malpractice
• First Steps in a Medical Malpractice Claim

This article discusses medical malpractice claims and explains how their complexity and unique statutory requirements make them more challenging to litigate.

What Is Medical Malpractice?

Medical malpractice happens when a medical professional, such as a doctor or nurse, causes an injury to a patient through a negligent act or omission. In the legal sense, it is a tort, a wrongful act causing harm to another person.

While the exact requirements to bring a successful medical malpractice lawsuit vary by jurisdiction, certain elements are common requirements. These include the following:

• The healthcare provider must owe a duty of care to the patient
• The healthcare professional breaches the duty to the patient
• The patient experiences an injury caused by the healthcare professional’s breach
• Damages resulting from injury caused by the healthcare professional’s breach of care

Money damages take into account both economic damages and non-economic damages. Damages can cover additional medical bills necessary to correct medical mistakes and may also include lost damages if the patient cannot work due to medical malpractice.

Examples of Medical Malpractice

Negligence by a medical professional can include any of the following:

• Misdiagnosis
• Delayed diagnosis
• Emergency room negligence
• Surgical errors
• Failure to obtain informed consent
• Wrongful death
• Birth injuries
• Prescribing the wrong dose of medication
• Anesthesia errors

When a medical professional fails to offer acceptable care for healthcare services, it can be considered medical malpractice.

Who Can You Sue for Medical Malpractice?

Medical malpractice laws protect patients’ rights to pursue compensation in specific circumstances involving negligence. When negligence results in injury, the patient may be able to pursue a medical malpractice cause of action.

A medical malpractice can arise against several parties. You may be able to bring a medical malpractice case against any of the following:

• A doctor
• A hospital, nursing home, or medical facility
• Nurses or support staff that work under a hospital or a doctor
• Government agencies operating hospital facilities

Malpractice suits often involve complex issues and are expensive cases to litigate. They can be even more difficult to win. Such cases often involve litigation against insurance companies. Both parties typically employ expert witnesses.

Several types of healthcare professionals can commit medical malpractice. If a hospital employee commits malpractice, the hospital may be held liable. The hospital could be vicariously liable for its employee’s negligent acts if the employee acted within the scope of their employment. This doctrine is critical to plaintiffs in medical malpractice cases. It helps ensure there will be a financially responsible party involved in the litigation. This party can be available to compensate an injured plaintiff.

Distinction Between Medical Malpractice and Personal Injury Cases

Medical malpractice cases are much more than personal injury cases that focus on healthcare negligence. Many states have passed medical malpractice laws. Defense-friendly litigation makes bringing and prevailing in medical malpractice actions more difficult.

Prevailing in a medical malpractice action is difficult. These complex cases require extensive time and resources. Few cases end up in court and a verdict. Cases that make it through the screening process and proceed through the litigation process often settle. 

Medical malpractice cases differ from personal injury cases in the following ways.

Damage Caps

Most states have damage limits on liability for medical malpractice cases. These are known as damage caps. Damage caps protect physicians and hospitals. The laws limit the damages and attorneys’ fees available for malpractice suits.

Certificate of Merit

The affidavit requirement is one obstacle that plaintiffs in some states must overcome when filing a malpractice action. It’s commonly known as a”certificate of merit”or “affidavit of merit.”

A plaintiff must obtain an affidavit from an expert witness providing a sworn statement that the defendant was negligent. This is often another physician in the specialty field. The expert must review the relevant medical records and certify that the plaintiff’s healthcare provider deviated from accepted medical practices.

The expert provides an opinion on causation concerning the plaintiff’s injuries. The plaintiff must file the certificate of merit. This document confirms that the plaintiff’s attorney has consulted with a medical expert about the case. It ensures that the plaintiff’s action has merit.

Statute of Limitations

Most states have a two or three-year time limit, known as a”statute of limitations,”for filing malpractice actions. A plaintiff must file the lawsuit before the statute of limitations expires.

The clock begins running in medical malpractice cases upon injury or when treatment concludes. Sometimes, an exception can apply to extend the limitation period.

Get Help From a Medical Malpractice Attorney

Knowing how to pursue a medical malpractice case can be challenging. A qualified medical malpractice attorney can discuss the strengths and weaknesses of your case and pursue your best options for compensation.

Do you think you have a medical malpractice claim? If so, consult with an attorney. They can discuss the facts of your case and identify your best legal options for moving forward. Use FindLaw’s attorney directory to contact an experienced medical malpractice attorney today.