Justia Legal Resources: Medical Malpractice Law Center

Mistakes by healthcare providers can cause serious and lasting harm. A patient considering legal action should understand the basics of what this involves. The Medical Malpractice Law Center at Justia provides a useful overview.

Approximate Read Time: 4 Minutes

A patient expects their condition to improve when they visit a doctor for diagnosis or treatment. Unfortunately, sometimes the opposite happens. If an incompetent healthcare provider causes injuries, a patient may have a claim for compensation. Medical malpractice cases may pose more challenges than a typical personal injury lawsuit, though. The Medical Malpractice Law Center at Justia can help patients understand the potential path ahead and some of the pitfalls that may confront them. It aims to provide some general answers to questions that patients may raise.

What Are Some Common Types of Malpractice?

One of the most common types of malpractice involves an error in the diagnostic process. This may take the form of misdiagnosing an illness, or failing to reach a diagnosis promptly. Errors also may happen during surgery, such as making a mistake in anesthesia, leaving a foreign object in the body, or even operating on the wrong body part. Pharmaceutical errors may cause serious harm as well. For example, a doctor may prescribe the wrong medication or the wrong dose, or they may miss an allergy noted in medical records.

How Does a Patient Prove a Medical Malpractice Claim?

A patient can establish a medical malpractice claim by showing the existence of a doctor-patient relationship and proving the elements of negligence. This means that the doctor’s actions (or failure to act) did not meet the applicable professional standard of care, and the patient sustained injuries as a result. The law does not require perfection from healthcare providers, but it requires reasonable competence.

What Damages Can a Patient Get for Medical Malpractice?

Damages available in medical malpractice cases may account for both economic and non-economic forms of harm. Common examples of economic damages include medical bills and any expenses likely required for future treatment, as well as lost income if the victim missed time from work. Non-economic damages cover more subjective harm, such as pain and suffering and loss of enjoyment of life. Some states have imposed damages caps in medical malpractice cases, although some caps apply only to non-economic damages.

Why Is an Expert Important in a Medical Malpractice Case?

Most judges and juries lack the medical knowledge to decide whether a healthcare provider breached the applicable standard of care. This means that a patient usually must retain an expert to help prove their case. The expert may discuss what the standard of care required, explain how the defendant failed to meet the standard, and describe the connection between their negligence and the injuries. In certain extreme cases, though, such as when a doctor operated on the wrong part of the body, a patient may not need an expert.

What Is the Statute of Limitations in a Medical Malpractice Case?

The statute of limitations provides the time in which a patient can bring a medical malpractice lawsuit. If they do not file their claim within the required period, the defendant can ask the court to dismiss the case without even considering its merits. The medical malpractice statute of limitations may differ from the statute of limitations for other personal injury cases. However, many states have added a discovery rule to the statute of limitations. This may extend the period for bringing a lawsuit if the injury was not immediately obvious.

Why Does a Patient Need To File an Affidavit of Merit With Their Claim?

Due to concerns over frivolous lawsuits, many states require a patient to file an affidavit of merit as proof that their lawsuit has a legitimate basis. The affidavit generally indicates that an expert has reviewed what happened and believes that the care provided did not meet the appropriate standard. A court generally can dismiss a case if the plaintiff does not submit the affidavit with their lawsuit or soon afterward. Justia offers a 50-state survey on medical malpractice lawsuits that covers this topic, as well as damages caps, statutes of limitations, and others.

Can a Patient Sue a Hospital for Malpractice by a Doctor?

A patient can sue a hospital for negligence by an employee under a theory of vicarious liability, even if the employer did nothing wrong. However, doctors who work at a hospital tend to be independent contractors. A patient may hold a hospital liable for the negligence of a doctor who is an independent contractor only in limited situations. For example, liability may arise when the doctor was an “apparent employee” or when the hospital knew that the doctor was incompetent but allowed them to use its facilities.

How Does a Victim Prove Liability for a Fall at a Hospital?

The theory of liability for a fall at a hospital depends on the reason for the fall. If it resulted from inadequate medical care, this likely will support a medical malpractice claim. For example, a doctor might have failed to diagnose a condition that affected a patient’s balance, or hospital staff might have failed to notice and respond to signs of balance problems. On the other hand, a fall resulting from uneven pavement or spilled liquid probably would lead to a premises liability claim. This is a more general type of personal injury lawsuit based on the duty of a property owner to people who are legally on their premises.

When Is a Doctor Liable for Failing To Get Informed Consent?

Two possible standards may apply to a claim based on an alleged failure to disclose a risk to a patient and get their informed consent. A court may consider whether a competent doctor would have told the patient about the risk. Alternatively, a court may consider whether a reasonable person in the same situation as the patient would have declined the procedure or treatment if they had known about the risk. In other words, one standard focuses on the doctor’s perspective, while the other standard focuses on the patient’s perspective.

Can a Pet Owner Sue a Vet for Malpractice?

A pet owner may be able to sue a vet for incompetent treatment of a pet. The elements of this claim are similar to those of a malpractice claim involving a human patient. However, the owner likely will recover a much more limited set of damages. They could recover the cost of medical treatment to address the malpractice, or the replacement value of the pet if they die, but the owner generally cannot recover non-economic damages like emotional distress. This may make small claims court an attractive option in these cases.

Final Thoughts

Medical malpractice lawsuits often involve greater complexities and more distinctive procedural hurdles than other personal injury claims. A patient who suspects that an incompetent healthcare provider may have harmed them should consult a medical malpractice lawyer about their potential options. In the meantime, the Medical Malpractice Law Center in the Justia Legal Guides provides a readable overview of key issues in this area. It furthers our mission of making the law free and accessible to all.

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