Medical negligence law is a facet of personal injury law commonly referred to as “medical malpractice”. This term implies that a physician acted negligently in treating a patient, which includes failing to treat a patient.
Negligence Does Not Have A Single Definition
Each state sets different rules about what constitutes negligence. This means that even though a plaintiff in a medical malpractice suit may have to prove the same elements of malpractice in two states, the proof of negligence may differ. For example, in one state negligence may be shown by comparing the physician’s actions to those of other physicians in the area with the same expertise, but in another state the physician’s actions might be compared to an ordinary person, regardless of whether that person was also a doctor.
Negligence Must Be Proven
Regardless of the differences in definition, negligence must be proven in all medical malpractice lawsuits claiming that a physician acted in an unacceptable manner. Without this proof, there is no basis for suing the physician. No medical procedure, treatment or surgery is guaranteed to be successful, meaning that not all failed treatments create legal malpractice claims. However, a claim that is based on negligence must prove negligence occurred or the claim will be dismissed.
Not All Negligence Claims Are Created Equal
Even if a physician acted negligently and a plaintiff proves such, there is no guarantee that the injured party will recover damages. Insurance companies and courts understand that physicians are not miracle workers and therefore permit a small percentage of human error to occur in a patient’s treatment. A doctor’s negligence must be severe or egregious enough to warrant legal intervention and compensation.
Negligence Isn’t Enough
After the plaintiff has proven negligence occurred and it is clear that the doctor is clearly to blame for the malpractice, there is still no guarantee that the plaintiff will recover. To recover compensation, the patient must have been damaged in some way. This means that the plaintiff must have been injured or lost money or somehow else suffered losses attributable to the malpractice. Without verifiable damages, a court or insurance company has no means to rectify the dispute.
Malpractice Lawsuits are Heavily Regulated
The concept that medical malpractice lawsuits are easily won and highly compensated is untrue. Medical malpractice cases, especially those based on negligence, are usually closely regulated by the state. States have created time limitations, typically three years, in which such claims can be brought, set forth procedures for handling such cases and have even created rules that prevent such claims being filed in court without both parties having first submitted the dispute to mediation or arbitration. Filing a claim or lawsuit is not as simple as walking into the courthouse.
Compensation is Limited
In addition to regulating medical malpractice proceedings, most states have set maximums for the amount of compensation an injured party can receive. A plaintiff is almost always entitled to compensation for economic damages, which are those damages that are easily calculable, but not all plaintiffs will receive large sums of money for their non-economic damages, such as pain and suffering. Therefore, plaintiffs should not expect to become wealthy through a malpractice settlement.
Punitive Damages Are Prohibited
Almost all states prevent punitive damage awards unless the plaintiff proves that the physician acted with the intent to harm, which is nearly impossible in a negligence case in which the plaintiff is claiming that the doctor acted without due care. Intent to harm and disregarding due care are antithetical.
Obtaining Legal Advice
If you believe that you have been injured due to medical negligence, seek legal advice. A lawyer will review the facts of your injury and identify areas in which a physician possibly behaved negligently.
