What Must Be Proved in A Medical Malpractice Lawsuit?

A person suing for medical malpractice will have to prove that a doctor failed to meet a professional standard and caused actual damages. A medical malpractice lawsuit can sue for recovery of medical bills incurred, loss of income, loss of earning capacity, mental stress, and pain or suffering.

 

Usually, in medical malpractice cases, both sides of the lawsuit will present testimony to see if the standard of care has been met. The patient must show that it is more likely than not that the doctor's failure to meet the standard of care caused the harm. Every state has different rules and procedures for bringing medical malpractice claims, but in general, they must be brought quickly. The statute of limitations may be between six months and two years.

 

In some cases, the patient may need to submit the claim to a panel of experts who decide whether malpractice has actually happened. A failure to follow those procedures can result in the dismissal of a plaintiff's claim. A plaintiff or doctor may present the panel's findings to the court during the medical malpractice lawsuit. This is not a lawsuit, but a pre-suit panel's finding that there was no medical malpractice can affect the court's decision about continuing with the case.

 

The outcome of most medical malpractice lawsuits turns on an expert's testimony. If a plaintiff proves his or her case, his or her ability to recover may be limited by a state cap on medical malpractice damages. The cap usually caps noneconomic damages, rather than economic damages. This means that a plaintiff can recover all of his or her medical bills and lost income, but he or she cannot recover more than a certain sum with regard to loss of enjoyment, loss of consortium, or pain and suffering. However, some states have enacted an umbrella cap on medical malpractice damages overall.