Medical malpractice may not be new to most Americans, as the legal system is constantly settling lawsuits of this nature. However, many Americans may not be familiar with the specifics of filing a medical malpractice suit, so what exactly is medical malpractice, and how do you proceed with such a case in court?
Medical malpractice is an act of negligence that often culminates in substandard treatment and injury. In medical malpractice lawsuits, the patient must prove four key factors: duty; breach of duty; harm caused by the breach of duty; and the damages sustained. If this is all successfully demonstrated, the patient is compensated for losses incurred.
This process may appear simple from the overview above; however, it involves complex legal procedures, and hiring a lawyer to represent you in court is advisable.
The History of Medical Malpractice
The idea of malpractice was generated back in ancient England and Rome, where doctors paid dearly for negligent acts. This concept has been around for centuries, which is why the laws are so comprehensive and evolved.
Ancient Roman writings dating back to 2030 BCE revealed that negligent doctors would suffer the consequence of having their arms cut off. The same was observed in England, where medical practitioners could be sued for prescribing drugs that aggravated a patient’s condition rather than curing them.
Medical malpractice lawsuits started to make their way into the US legal systems in the 1800s. Such cases were few at the time, and the doctors did not face serious consequences. It was not until the 1960s that medical malpractice cases became more common.
Today, medical malpractice lawsuits are so common that nearly 70 percent of arthroplasty surgeons have been sued at least once. Studies have shown that surgeons will likely have malpractice claims filed against them at some point in their careers.
Medical Malpractice in the US
Medical malpractice is an act or lack thereof by a medical professional that causes injury to a patient. It goes against normal practices in the medical community.
In the US, the law mandates state governments’ authority to settle medical malpractice lawsuits. As mentioned before, the victim must prove how an act of negligence caused grievous harm. Later, the victim’s losses are calculated, and the victim is awarded compensation.
It is important to note that medical malpractice lawsuits have a limited timeframe during which you can file your claims. The statute of limitation, which tends to differ from state to state, has this information.
In the US, medical negligence falls under common law. With roots in 19th-century English laws, common laws are developed by judges and courts, unlike other laws, which are often created by legislative statutes.
Good Samaritan Laws for Volunteers
You may be wondering what happens to witnesses who offer their help to injured persons. Are they also prosecuted for harm caused to victims? Well, that is not the case.
The US protects volunteers under Good Samaritan Laws. According to these laws, you are not obliged to help a victim, but can exercise your duty by calling 911.
Principles under Good Samaritan laws are as follows:
- If a volunteer decides to help a victim when there is no danger, they will be held responsible for any harm caused
- A volunteer giving aid to a victim cannot leave unless someone else takes over, they are calling for professional help, or if the aid is doing more harm than good to a patient
- Finally, unconscious patients are assumed to have consented to receive help from volunteers. Unlike conscious patients, they are not in a position to turn down or accept help from bystanders
Good Samaritan laws protect volunteers from death, disfigurement, or disability lawsuits. However, since each state has its laws, it is challenging to generalize them. Some states only protect qualified first aiders, leaving other volunteers responsible for their actions.
Elements of Medical Malpractice
Proving Duty
Healthcare providers are typically obligated to provide standard treatment to their patients, so the first step when filing medical malpractice lawsuits is proving the existence of a duty of care by a professional.
The relationship between the doctor and the patient automatically creates an element of duty at the medical facility. Therefore, any faulty care provided outside the confines of the medical facility cannot be deemed medical malpractice.
Proving Breach of Duty
The next step is showing a breach of duty by the professional. Here the victim must prove that the healthcare professional provided substandard treatment.
The court may need expert testimonies to help prove this breach. Some cases, however, such as operating on the wrong limb, are quite evident and can be easily solved without the input of experts.
Proving Damages Following Breach of Duty
Finally, the patient must show the relationship between the breach of duty and the harm. For example, a doctor prescribing the wrong medicine might have caused liver damage.
Monetary damages – such as medical expenses, lost wages, and travel expenses – are quite easy to calculate, as there is physical evidence to support these losses. On the other hand, damages from pain, suffering, and emotional trauma require expert help.
The Trial Process for Medical Malpractice
Unlike criminal cases, medical practice lawsuits rarely reach trial, as they fall under civil cases. They have a lengthy time frame involving the discovery of the information and an in-depth understanding by both parties.
The Discovery
Discovery is a pre-trial procedure that entails interrogations and depositions, all done out of court. During this stage, medical records and bills are reviewed with the hope that both parties can settle instead of going to court.
Once the case is filed and all evidence is submitted, a trial date is set. From this point onwards, none of the parties can present new evidence during trial.
The Deposition
For most medical practitioners, the deposition under oath is the most significant part of the legal process. This is a recorded witness testimony that is later used in court.
Normally, most doctors have malpractice insurance that protects them from the damages these lawsuits cause to their profession. As a result, representatives from the insurance company and attorneys from both sides are present during the deposition.
The patient is not required to be present during the deposition but can choose to attend. If they do so, they cannot direct any questions to the deponent. A direct examination from both parties is done until all questions are exhausted.
The Trial
Since statements made during depositions are recorded permanently, honesty is key, as these recordings can be used later in court. During the trial, the defendent’s attorney must prove that the physician’s actions were not negligent. After the hearing, the jury uses the facts presented by both parties to make a verdict.
Medical malpractice cases are lengthy and demanding, so most of them are settled out of court after both parties agree. The physician’s insurance company, actively involved with the case, also factors in the decision to settle or go to trial.
Conclusion
The concept of medical malpractice is a complicated one, especially with different laws in each state and country. Studies have shown physicians and patients are normally ignorant of these details until they face a lawsuit. Therefore, it is important to familiarize yourself with each stage’s processes and requirements.
“Malpractice lawsuits are challenging to settle and can drag for years. Moreover, a verdict in favor of either party could cause discouragement and stress to the losing one. Be sure to hire a lawyer to make the process smooth.” says medical malpractice lawyer Russell J. Berkowitz of Berkowitz and Hanna LLC.
