The Four Legal Elements of Medical Malpractice

• Duty of Care. The healthcare provider (doctor, nurse, hospital, etc.) owed a professional duty to the patient, established by a doctor-patient relationship.

• Breach of Duty. The provider failed to meet the accepted standard of care, meaning their actions (or inactions) were not what a reasonably competent provider would have done in similar circumstances.

• Causation. The breach of duty directly caused the patient’s injury. The plaintiff must show the harm would not have occurred but for the provider’s negligence.
• Damages. The patient suffered actual harm-physical, emotional, or financial-as a result of the provider’s actions.

Additional Legal Requirements and Considerations

• Expert Testimony. Most states require expert witnesses to establish what the standard of care was and how it was breached.

• Affidavit or Certificate of Merit. In many jurisdictions, plaintiffs must submit an affidavit or certificate from a qualified medical expert attesting that the case has merit before proceeding to trial

• Statute of Limitations. There is a strict time limit for filing a medical malpractice lawsuit, which varies by state. The period may begin at the time of the alleged negligence or when the injury was discovered
• Pre-suit Procedures. Some states require pre-lawsuit panels or other procedures to screen cases for merit before they can proceed

The Medical Malpractice Lawsuit Process

• Pre-filing Investigation: Gathering medical records, consulting experts, and evaluating the case’s strength.

• Filing the Lawsuit: Submitting a complaint in court and serving the defendant.

• Discovery: Both sides exchange evidence and conduct depositions, often involving expert witnesses

• Motions and Hearings: Legal motions may be filed to dismiss the case or resolve issues before trial.
• Settlement Negotiations: Most cases settle before trial, but negotiations can occur at any point.
• Trial: If no settlement is reached, the case goes to trial, where a judge or jury decides the outcome.
• Appeals: Either party may appeal the verdict, potentially extending the timeline

Damages in Medical Malpractice Cases

• Economic Damages: Medical bills, lost wages, and other direct financial losses.

• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life.

• Punitive Damages: In rare cases, awarded to punish egregious conduct.