In the legal world, medical malpractice past cases dictate the proceedings, laws and standards applicable to future cases. Even though no two cases are exactly alike, courts and lawyers draw similarities between current and past cases to see how to handle the current case and what the dispute might be worth. Below is an explanation of how past medical malpractice cases dictate the success of your case.
Sets Legal Precedent
Legal precedent is the rules of law that have been created in prior cases. Even if the facts of two cases are the same, if a rule of law made in a prior case applies to the current case, courts are required to follow the previously established law. This means that if precedent says that your case is worthless and should be dismissed from court, the court must do so.
Establishes the Elements of Medical Malpractice
What a plaintiff in a medical malpractice case must prove to win is set out in prior case laws. These requirements are often referred to as “elements”, and each must be proven before the judge will consider awarding the plaintiff any compensation. Each state sets different rules of proof and elements that must be met.
Establishes Evidentiary Rules
Some cases create rules about what a party can and cannot do, prove or show during litigation. Unless a higher, appellate court has rejected these rules, other courts are required to abide by them. This means that you may not be able to introduce all the evidence you want to because case law prevents it.
Sets Compensation Rules and Maximums
Another aspect of prior case law that affects your case is when previous cases state the types and maximum amounts of compensation an injured patient can receive. In light of the vast majority of medical malpractices that are litigated on a yearly basis, most states have taken these case laws and turned them into legislation. Therefore, what you can collect for and how much you can collect is governed by laws derived from prior cases.
Creates Compensation Guidelines
Case law also provides judges and juries with information about how much similar cases have awarded in the past. While there is no rule stating that the amounts of money must be the same, judges and juries rely on prior awards as a starting point for their awards. Many times, lawyers will provide evidence of previous cases to justify the amount of their compensation requests.
Getting Legal Help
If you are considering suing your physician for malpractice and are unsure of how prior cases will affect your claim, seek legal assistance. A lawyer will review the rules of law set forth in previous, similar cases and explain how they may affect your chances of winning your suit.
