Medical Malpractice Lawsuits

History of Medical Malpractice Lawsuits

In most states, there is a certain time limit known as the 'statue of limitation' within which period,
the aggrieved must file the medical malpractice lawsuit. In general, a statutory period of two to
three years is given for filing such claims. This time period may vary from one state to another. If the
aggrieved party fails to file the suit within the specified time limit, they may not be allowed to do so
at a later date. However, special cases may be permitted, which fall under the exceptions to this
rule. In some states the limitation period begins from the moment the patient is treated, while in
others, the limitation begins from the moment the patient realizes that the medical procedure had
gone wrong.
The aggrieved party is also free to settle the case through mediation and arbitration. However, the
option of out-of-court settlement must be included in the contract and both parties must agree to
this clause in order for it to be valid.
Types of Damages
Firstly, the plaintiff must prove that a legal duty to provide efficient medical care was undertaken by
a health care officer or institution. This argument falls within the ambit of 'standard of care' which
must be maintained by all medical professionals. In short, it has to be proved that the patient had
hired the health care provider for his services and the latter had agreed for the same.
In order to prove a case of medical negligence, the plaintiff has to establish certain elements, which
are:
United States Court System
Donda West - In 2007, rapper Kanye West's mother Donda West died of complications during an
abdominoplasty procedure. The doctor in this case, Dr. Jan Adams was already under investigation
and scrutiny by the medical board before this unfortunate incident took place.
Thirdly, the plaintiff must prove the existence of 'proximate causation', or that a relationship exists
between the breach of medical duty and the injury that has occurred as a result of this breach.
Celebrity Medical Malpractice Lawsuits
The Four Grounds to Prove
Secondly, the health care professional breached his duty by failing to perform his duties in line with
the relevant standards of care. The plaintiff must prove that substandard medical care was given
which resulted in injury.
Julie Andrews - Known for her beautiful voice and acting skills, Julie Andrews began to experience
problems while singing and underwent surgery to rectify the problem. Unfortunately, the surgeon
did such a shabby job that it damaged her singing voice further.
Cases relating to medical negligence and malpractice are initiated at State trial courts, who are

authorized and have the jurisdiction to hear the cases of this nature. The trial must be held where
the cause of action occurred, or where the negligence took place. It may also happen, that the
plaintiff and defendants may be from different jurisdictions or states, in which case a federal court is
chosen to start the proceedings of the medical negligence case. Before the trial begins, the process
of discovery takes place, wherein the two parties exchange all relevant documents pertaining to
their case. These documents are used as evidence by the court and are crucial for determining the
outcome of the trial. When a federal court hears a medical malpractice case, the state laws from
where the case has arisen is maintained by the higher court. A jury trial is often chosen as the
appropriate means of disposing cases of medical negligence, so as to ensure impartiality in the final
outcome of the trial.
Who can be Sued?
In order to prove the case, the plaintiff may sometimes require expert testimony. For example, the
defendant being a health care professional, can easily prove that the injury (or death) was not
caused by his act. In which case, the plaintiff being a layman, must appeal to the court for
assistance. The court then calls upon a specialist in the particular field of medicine to act as the
expert witness for the case. Such an expert will analyze the case, the medical care that was
administered, the medicines that were prescribed, and the procedure of the surgery. A report is
submitted with the opinion of the expert witness, which explains whether negligence took place or
not.
John Ritter - The comedian suddenly collapsed on day, and was rushed to the hospital. The doctors
misdiagnosed his condition as a heart attack, which in actual was an aortic dissection or tear in the
biggest blood vessel. A complete body scan two years earlier should have revealed this congenital
heart abnormality, but was somehow neglected by the doctor.
The defendants in medical malpractice lawsuits are usually health care officials or at times, the
entire institution. Therefore, depending on the situation and gravity of the case, clinics, hospitals,
medical corporations, pharmaceutical companies, or managed care organizations may be defendants
in medical malpractice lawsuits. Even nurses, dentists, hospital employees, anesthesiologists,
emergency care professionals, and therapists can be sued for medical negligence. Apart from the
main defendant who has caused the harm, the aggrieved can indict others who had a role to play in
the negligent act. For example, a surgeon uses a defective or incorrect device for a surgery, which
results in injury to the patient. The patient can sue the surgeon, the hospital authorities, and even
the manufacturer of the product.
It is said that a suit filed in England in 1828 was indirectly connected with medical malpractice. The
suit was filed by Dr Bransby Cooper (a surgeon) against Mr. Thomas Wakley, who reported the
negligence of the surgeon (which resulted in the death of a patient, after lithotomy) in the journal,
'Lancet'. However, Mr. Wakley failed to convince the jury about the alleged negligence on the part of
the surgeon. The surgeon defended himself by stating that he did his best to save the patient and
could only do so much with the limited technology available at that time. Though the doctor sought
?2000 as damages, the jury awarded only ?100 to him.

Compensatory damage denotes the appropriate award for the injury suffered. It can be economic or
non-economic in nature. Non-economic damages are assessed on the basis of psychological or
physical harm, emotional distress or pain, caused to the plaintiff. Economical damages include
financial losses, life care expenses and medical expenses (both past and future) incurred by the
aggrieved party. Though rare, medical malpractice can be considered as criminal medical
negligence, in some cases. The 'Michael Jackson medical malpractice case' is an example, wherein
the doctor was found guilty of involuntary manslaughter and was sentenced to two years
imprisonment.
Fourthly, the plaintiff must prove that he has suffered harm due to the negligence of the health care
provider.
Role of Law in Medical Practice
The patient who has suffered harm due to the negligence of the health care professional can sue the
latter. The plaintiff in such a case can be the patient, or any individual legally designated to act on
the behalf of the patient. The injury suffered by the patient may include physical injury, mental
trauma, additional expenses, and loss of ability to work. In case the patient is no more or in case of a
wrongful death suit, the administrator or executor of the deceased person's estate can act as the
plaintiff.
One of the basic factors that link medicine with law is negligence, which is a part of tort. Law of tort
deals with cases wherein, a wrongful act resulted in the injury of an innocent person, and must be
compensated through the payment of damages. Negligence is a legal concept which refers to a
careless conduct, that is not expected from a reasonable person under similar circumstances. If such
negligent conduct, causes damage to another person or property or both, it becomes actionable in
the court of law. Some cases of negligence may constitute a criminal offense. As per common law,
the concept of medical malpractice is considered as a breach of contract by the medical professional.
Nowadays, medical malpractice is mostly viewed as an action in tort (and not contract). As far as
medical practice is concerned, a medical professional is expected to exercise a standard level of care
while treating a patient. If he fails to do so, thereby causing injury to the patient, the latter can opt
for a lawsuit against the former. It can also be termed as professional negligence on the part of the
health care professional. The negligent action of the health care professional may include wrong
diagnosis or failure to diagnose, improper treatment, failure to treat on time, etc. In case of nurses,
failure to administer medicines on time and failure to monitor, are examples of negligence. In such
situations, the patient can file a medical lawsuit against the concerned health care provider.
Punitive damage is a compensation which is much higher than the expected sum, and is meant to
punish the defendant and deter him from such negligent actions in future. However, punitive
damages are against the principal of justice and are not allowed. The concept of 'legislative caps'

was introduced to reduce the instances of punitive damages, and restrict the amount of noneconomic damages that are awarded. These caps are not imposed in cases involving permanent
disability, disfigurement, and death. Cases involving voluntarily causing harm to the plaintiff, are
also exempted from caps and are considered under criminal intent.

The field of medical law deals with the duties and responsibilities of medical professionals and the
rights of the patients. It is the duty of the health care professional to look after the patient, ensure
his safety, and help him recover. Unfortunately, when substandard and lax care is provided, it often
results in irreparable damage and loss to the patient. Deaths resulting from medical negligence have
become a global cause of concern, and must be addressed with stricter measures.
The laws revolving around medical malpractice in the United States are governed by court-made
Common Law. Since, the laws regarding medical negligence vary from one state to the other, the
judgements of one state court may not be acceptable in another jurisdiction. However, in recent
years state enacted statutes have attempted to give more clarity and unity to the rules and
regulations pertaining to medical malpractice.
When to File the Lawsuit
Who can File a Medical Malpractice Suit?
The Michael Jackson Case - In this famous medical malpractice/wrongful death case, Dr. Conrad
Murray was found guilty of prescribing Propofol to the singer in lieu of a hefty fee. Propofol is an
anesthetic which is used during surgery in order to induce sleep. This act of the doctor, was highly
unethical and was criticized by the judge as a serious breach of trust.