How Does Medical Malpractice Law Vary by State?

What happens if you get into a car accident and require emergency life-saving surgery and the healthcare workers fail to provide the proper standard of care, leading to additional harm? Known as medical malpractice, you would have the right to seek damages for these circumstances under personal injury law.

A Dallas car accident attorney can help you with your car accident case, working with the laws in the state. Similarly, the laws for medical malpractice will also vary by state. If you're curious about how these state laws differ for this legal scenario, keep reading to learn more.

How State Laws Differ for Medical Malpractice

Every state in the country has varying laws in place for personal injuries, including medical malpractice. Here are the key areas in which they will differ from one another.

Liability

Of all the aspects of medical malpractice, liability is the one with the least amount of differences between states. Medical malpractice can only be a valid claim when any medical provider fails to uphold the medical standard of care.

Not all negative health outcomes are the result of medical malpractice. Even in situations where the best care has been provided, the result can still be poor. Medical providers can only be held financially liable for a bad health outcome if their failure to provide the proper standard of medical care causes it.

Lawsuit Process

While most states align with the same definition of medical malpractice, the process of filing a lawsuit is different. Tort reforms have caused states to pass varying laws that limit when and how victims in these scenarios can pursue medical malpractice claims.

On the one hand, these laws can prevent medical malpractice lawsuits filed on baseless claims. However, the other side of the coin is that these laws may also unfairly protect unscrupulous medical providers from facing the consequences of their substandard care.

Certifications and Experts

Just over half the states in America require that a certificate about the merits of the case must be presented to file a medical malpractice lawsuit. Some states require lawyers to certify that they conducted a proper investigation while others must get an affidavit that attests the claim is valid from a qualified medical provider.

Additionally, more than half the states have laws that set minimum qualifications for expert witnesses in these types of cases. They are designed to keep false medical testimony out, though they can make it more difficult and costly for someone to pursue justice for their medical injuries.

Alternative Dispute Resolution and Screening Panels

About half of all states have a requirement in place that lawyers for injured parties must get permission to file this type of lawsuit from a screening panel. The panels are formed with medical and legal experts with the purpose to weed out cases by setting minimum standards for a claim.

Problems often arise because these panels may only consist of doctors or lawyers who have a bias against medical malpractice claims. It not only adds to the costs but also limits the rights of injured patients.

A large majority of the states also funnel these cases into alternative dispute resolution solutions such as arbitration or mediation. These can be useful for quick and efficient case resolution, but some states allow these alternative dispute resolutions to provide advantages to the healthcare providers and their insurers, resulting in lower settlements for the injured parties.

Statute of Limitations

Every state also has variance on the time limit, known as the statute of limitations, for taking legal action. Some states may provide one year from the date of an injury while others may allow up to six years. Some other conditions and exceptions may shorten or lengthen this period.

Damage Caps

Over half of the states also set limits on damages, known as caps. These restrict the amount of money an injured party can receive for a medical malpractice lawsuit. Some states will have a strict maximum amount that can be awarded while others only restrict the amount of non-economic damages, such as pain and suffering.

Factors That May Affect Your Medical Malpractice Case

With the differences in each state regarding medical malpractice laws, there are also differing factors between cases that can impact how much you may receive. Granted, your state may cap the amount of damages, though certain factors will be reviewed to determine what is fair in your case.

The compensation you are awarded for a medical injury should cover all the expenses associated with your injuries. These will typically include your medical bills and future medical expenses, lost income, medical equipment, and prescriptions. You may also receive non-economic damages for the physical pain and suffering you endured in your situation.

Ultimately, these types of cases are among the most complex of all personal injury cases. To protect your best interests, you should work with an attorney. The factors they will review to determine a fair compensation award will primarily focus on the nature and extent of malpractice committed and the impact these injuries have had on your life. Additionally, your future care, age, the evidence you have, and expert testimony will all be contributing factors to your case.

It's important to understand that the strength of the evidence you have and the impact of your injuries will be the biggest factors. The stronger your case is and the more debilitating your injuries are, the more likely you will be to receive a higher settlement.

After any injury, such as from an initial car accident that caused you to seek medical care in the first place, you should always keep thorough records. Organize your medical records and all documents from the hospital and doctors. If medical malpractice has indeed occurred, it will be easier when you have all the evidence filed away.

With an attorney, they can bring in expert physician witnesses to further strengthen your case, and work toward the best possible outcome.