Top 6 Legal Problems In Medical Malpractice Cases
Medical malpractice cases can be complex and challenging to navigate. They often involve complicated medical procedures, complex legal issues, and the potential for serious financial damages. As a result, it is important for anyone considering filing a medical malpractice lawsuit to understand some of the common legal problems that may arise in such a case. Here are six of the most common legal problems in medical malpractice cases.
Proving the Case
Medical malpractice cases depend on evidence and proof. The plaintiff must present ample evidence to show that the medical professional was negligent or careless in treating the patient, which caused injury or death. This can be difficult because it often requires expert testimony from experienced medical professionals about accepted standards of care for a particular treatment or procedure.
One of the best ways to prove negligence is to use a lawyer experienced in medical malpractice. As highlighted by the team behind this Philly Law Firm, a skilled medical malpractice attorney can help you build a strong case and support your claim with expert testimony, witnesses, and other evidence. This will ensure that you have the best chance of receiving fair compensation.
Statute of Limitations
The statute of limitations is a legal concept that governs when a lawsuit can be filed and if it has expired, then the case will not move forward. Every state has its own statute of limitations for medical malpractice cases, which usually range from one to three years. It is important for plaintiffs to be aware of the statute of limitations in their state and file a case before it expires.
If the statute of limitations is not met, then even if plaintiffs have a strong case, they will be barred from filing it in court. It’s also important to note that exceptions may exist which can extend or toll (delay) the statute of limitations. This can sometimes occur if the plaintiff did not know about their injuries until after the statute of limitations had expired.
Proving Causation
In medical malpractice cases, plaintiffs must show that the medical professional’s negligence caused their injury or death. This is known as “causation” and can be difficult to prove. The plaintiff must demonstrate that their injury or death was due to the medical professional’s failure to meet accepted standards of care. This can be complicated by the fact that many medical procedures have inherent risks, and it may not always be easy to show causation.
In addition, proving causation in a medical malpractice case can be further complicated by the “loss of chance” doctrine. This means that even if the medical professional’s negligence contributed to a decrease in someone’s chance for survival, it might not be enough to prove causation. In this situation, the plaintiff must prove that the medical professional’s negligence was the “substantial factor” in causing their injury or death.
Cap on Damages
In many states, caps on damages can be awarded in a medical malpractice case. These caps limit the amount of money a plaintiff may receive for pain and suffering and other types of non-economic damages. While caps can vary from state to state, they are typically set at a few hundred thousand dollars.
This can be especially problematic for plaintiffs who have suffered significant injuries or death as a result of medical negligence. These types of cases often involve long-term care and rehabilitation, which requires extensive resources that the plaintiff may not have access to. In a case where damages are capped, plaintiffs may not be able to receive full compensation for their injuries or loss of life.
Defining Damages
When filing a medical malpractice lawsuit, plaintiffs must also prove their damages in order to receive compensation. Damages are defined as monetary losses caused by the medical professional’s negligence, including economic damages such as medical bills and lost wages, and non-economic damages such as pain and suffering. Plaintiffs must be able to demonstrate an actual injury or illness in order to receive compensation for their losses.
In addition, plaintiffs may also seek punitive damages if they can prove that the medical professional’s actions were intentional or grossly negligent. Punitive damages are designed to punish the medical professional and are usually awarded on top of other compensatory damages.
Lack of Insurance Coverage
Medical malpractice cases often involve multiple defendants and insurance companies offering limited coverage. This is especially true if the medical professional is an independent contractor or self-employed. In these scenarios, it can be difficult to obtain sufficient insurance coverage in order to bring a claim against all defendants.
This lack of adequate insurance coverage is often a major hurdle for plaintiffs who wish to pursue a medical malpractice case. In some cases, insufficient funds may be available to cover the damages resulting from the negligence. This can leave plaintiffs with little or no recourse for obtaining the compensation they deserve.
Overall, filing a medical malpractice claim can be challenging due to the various legal concepts that apply to such cases. It is important for plaintiffs to understand the nuances of their state’s laws and be aware of any applicable statutes of limitations, caps on damages, and insurance coverage. By being knowledgeable about their rights, plaintiffs may be able to pursue the compensation they deserve.
In conclusion, medical malpractice claims can be difficult to prove and require a thorough understanding of the legal concepts involved. Plaintiffs must be aware of their rights, applicable statutes of limitations, caps on damages, and insurance coverage to have the best chance at obtaining compensation for their injuries or losses resulting from negligence. With the help of an experienced attorney, plaintiffs may be able to successfully bring a claim and receive the justice they deserve.
