How to File a Medical Malpractice Lawsuit

Medical malpractice is rare but can be very costly to both the victims and those who have committed the offense. Only 1.53% of physicians in the United States face a medical malpractice claim each year, with 92% of the cases being settled out of court. However, despite being rare, medical malpractice suits are costly. In 2019, approximately $4.03 billion was paid out in medical malpractice lawsuits, with an average payout of $348,065 per case. The most common types of malpractice claims are related to diagnosis, surgery, and treatment.

Determining and Proving Liability in Medical Malpractice Lawsuits

Medical malpractice is one of the most unfortunate incidents that can happen to those seeking medical treatment or care from a doctor or other healthcare provider. In this article, we will discuss how a medical malpractice attorney can prove liability in your case, as well as the most common types of medical malpractice lawsuits and how to build your case. Additionally, you will find helpful resources that can give you more guidance and assistance as you make your case!

Medical Malpractice Versus Medical Negligence

About 15,000 to 18,000 cases of medical negligence or malpractice are filed every year, with nearly half of those cases involving more than one individual. In this article, we'll explore the key differences between medical malpractice and medical negligence, provide examples, and offer tips on what to do if you or a loved one has been affected by a medical error.

Medical Malpractice Lawsuit Timelines and Outcomes: What to Expect

If you or someone you know has been the victim of medical malpractice or negligence, use this as a guide to answer some of the most critical questions you may have. Whether you’re in the infant stages of your lawsuit or nearing the end, this guide can help you know what to expect in your medical malpractice lawsuit.

How Do You Prove Medical Malpractice?

Medical malpractice can be rare, but it can be very costly to both the victims and those who have committed the offense. Nearly 34% of American physicians have been sued for medical malpractice, according to a 2016 study. Almost 50% of all claims are from ordering or prescribing medicine. The most common types of malpractice claims are misdiagnosis claims, accounting for 33% of all medical malpractice lawsuits. But when it comes to proving that medical malpractice was what resulted in an injury or death, it can be a challenge as there are several key elements that the plaintiff must prove.

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Expert facts about medical malpractice cases, how to hire a medical malpractice attorney and how to file a medical malpractice lawsuit.

Medical Malpractice Cases: What To Know

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If you’ve been injured during or as a result of medical treatment, and you believe your injury is a result of your doctor's negligence, a medical malpractice attorney can be your best asset in seeking compensation. Here's what you need to know.

6 Steps To Hire A Medical Malpractice Attorney

What Does Medical Malpractice Insurance Cover?

Medical malpractice lawsuits against doctors, physicians, healthcare providers, and fitness professionals have become increasingly common. A 2016 study conducted by the American Medical Association found that approximately 34% of all physicians nationwide have been sued for medical malpractice at some point over the course of their careers. Statistics gathered by JAMA Network suggest that a misdiagnosis of patients causes a third of these suits. While some of these claims go nowhere, many physicians face a lengthy (and costly) legal battle. 

Average Medical Malpractice Settlements [2023]

Medical malpractice lawsuits result from errors by healthcare providers that end in either injuries, disabilities, or even death for the victims. The average medical malpractice settlement in the United States is $242,000, while cases that go to trial tend to average about $1 million in compensation. For smaller cases, they will generally only pay for out-of-pocket costs. On average, there are over 12,000 medical malpractice cases annually. In this article, we will cover the average medical malpractice settlement amounts for the different types of lawsuits, as well as information about how an experienced medical malpractice attorney can assist you in ensuring that you get the compensation that you rightly deserve for your case. 

Call the Cary police at (919) 469-4012 for non-emergencies.

Call the automated request line at (919) 460-4902 to have the reports mailed or faxed to you. Should you have concerns, call the records team at (919) 469-4021. You can also go to the records unit at the Cary police station located at 120 Wilkinson Avenue during regular office hours. You can also obtain records online at the Police to Citizen P2C website: <a href="https://townofcary.policetocitizen.com/Home">https://townofcary.policetocitizen.com/Home</a>.

Monetary recovery from a medical malpractice lawsuit in Cary includes compensation for medical bills such as hospitalization, therapy, and assistive care. Emotional and physical suffering such as scars, pain, distress, and disability will also be compensated. If the victim was not able to work, they can also obtain compensation for lost wages and lost future potential.

There are no limits to economic damages such as lost wages and medical expenses. However, there are two separate trials required for medical malpractice cases in Cary and the rest of North Carolina if the compensation sought is more than $150,000. One trial is done for liability and the other is for the damages; both will be heard by the same judge and jury. If the judge finds it a good cause, these trials may be integrated into a single trial.

In most cases, you'd need to hire a medical expert for a malpractice case in Cary. The medical expert for a malpractice case has to be in the same field of specialty as the defendant. Another requirement would be that the medical expert must have clinical practice or teaching capacity similar to the defendant's field of practice within a year prior to the lawsuit being filed.

Under N.C. Gen. Stat. § 1-540.1, a malpractice settlement with a doctor in Cary does not bar the claimant to file a lawsuit against the same doctor for the same injury. However, if the claimant signed a release or settlement agreement that explicitly states that the defendant can no longer be sued under the same injury, the claimant can no longer do so.

There are no laws in Cary and the state regarding caps on the fees of medical malpractice lawyers unlike in other states. Such types of lawyers offer their fees on a contingent basis where they usually get it at a percentage of the compensation their clients recover. The percentage is somewhere near one-third of the client's compensation, depending on the particulars of the case.

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:<ul><li>A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the&nbsp; 
provider failed to fully explain the risks before proceeding</li><li>A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake</li><li>A patient is informed by their health care provider or hospital that a mistake was made</li></ul>

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:<ul><li>Look at the lawyer’s website for details about their malpractice experience and knowledge.</li><li>Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.</li><li>Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.</li><li>Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.</li></ul>

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:<ul><li>California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.</li><li>New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.</li><li>Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.</li></ul>

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:<ul><li>Contact the doctor or health care provider to discuss the injury and a solution to the situation.</li><li>File a complaint with the local medical licensing board.</li><li>Check the state’s statute of limitations for filing a malpractice claim.</li><li>Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.</li><li>Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.</li><li>Consider settling with the health care provider or their insurance company to avoid a lengthy court case.</li></ul>

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:<ul><li>Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.</li><li>Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.</li><li>Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.</li><li>Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.</li><li>Maintain accurate, detailed records of patient exams, treatments, and counseling provided.</li></ul>

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.