How to Prove Medical Negligence: Legal Requirements You Need to Know

When you or a loved one enters a hospital or a doctor’s office, you place your life and trust in the hands of trained professionals. While most healthcare providers strive for excellence, medical errors do occur and such errors can result in devastating personal injuries or even wrongful death. When a medical error is the result of professional negligence, known as medical malpractice, the patient or their family can recover damages through a medical malpractice lawsuit

Proving medical negligence is a complex and challenging process. At Cohen, Placitella & Roth, we have spent decades helping victims of medical malpractice in Pennsylvania, New Jersey, and nationwide navigate these difficult legal waters to secure the justice they deserve.

What Is Required to Prove Negligence

Medical malpractice claims carry high stakes for both the injured patient and the healthcare providers. The person bringing the lawsuit, the plaintiff, has the burden of proving the elements of the claim, namely negligence, causation and damages.

1. The Standard of Care and Breach

The “standard of care” is defined as what a reasonably competent healthcare provider in the same field would have done under similar circumstances. It is only where the standard of care is breached that a claim may go forward. To meet that burden of proving substandard care, the plaintiff must present evidence from a qualified medical expert who specializes in the same field as the doctor who has been sued. The expert must offer their opinion, held to a reasonable degree of medical certainty, that the care in question breached the minimum standard of appropriate care. In some states, the plaintiff must make a threshold showing that there is a legitimate claim in order for a lawsuit to proceed. That threshold showing can be a Certificate of Merit, a document signed by their lawyer that they have obtained such an opinion or an Affidavit of Merit, which is a document signed by a licensed medical expert stating that the claim has merit. As different states have different rules and procedures, it is important to speak with an experienced medical malpractice lawyer who is familiar with these rules.

2. Causation

It is not enough to prove a doctor made a mistake. You must establish that the specific negligent error was a factual cause of your injury. The plaintiff does not need to establish that the negligent conduct was the sole cause of harm but that it was a meaningful cause. In addition, in some medical malpractice cases the doctor’s negligence combines with other causes that result in the patient’s injury. In those cases, causation may be established by showing that the defendant’s negligent conduct increased the risk of the very harm that ultimately occurred. Expert witness testimony is almost always required to prove causation in medical malpractice cases. Again, it is important to work with a medical malpractice lawyer who understands the law and who works with qualified experts to evaluate and offer opinions regarding your case.
The “standard of care” is defined as what a reasonably competent healthcare provider in the same field would have done under similar circumstances. It is only where the standard of care is breached that a claim may go forward. To meet that burden of proving substandard care, the plaintiff must present evidence from a qualified medical expert who specializes in the same field as the doctor who has been sued. The expert must offer their opinion, held to a reasonable degree of medical certainty, that the care in question breached the minimum standard of appropriate care. In some states, the plaintiff must make a threshold showing that there is a legitimate claim in order for a lawsuit to proceed. That threshold showing can be a Certificate of Merit, a document signed by their lawyer that they have obtained such an opinion or an Affidavit of Merit, which is a document signed by a licensed medical expert stating that the claim has merit. As different states have different rules and procedures, it is important to speak with an experienced medical malpractice lawyer who is familiar with these rules.

3. Damages

You must prove that the injury resulted in actual losses. This includes:

• Economic Damages: These include the cost of past and future bills for medical treatment, therapy and special equipment or services required because of the injuries as well as past and future lost wages, and loss of earning capacity.
• Non-economic Damages: These damages include such things as the physical pain, emotional suffering, disability, disfigurement, and loss of life’s pleasures resulting from negligently caused injuries.

Understanding the impact of an injury caused by medical malpractice and having the skills and experience to prove these injuries to a jury are critical to the success of any claim. Experienced medical malpractice lawyers work with doctors, nurses and other experts to help the jury understand the impact of the injuries resulting to the patient and their family.

Statutes of Limitations — How Long Do You Have to File a Medical Malpractice Claim?

The statute of limitations is a law that establishes the time limits by which a lawsuit must be filed. Every state has a unique statute of limitations. Some states have specific administrative requirements for filing lawsuits as well. If you fail to start a lawsuit within the legal time limit or comply with the administrative requirements of a state, you may be permanently barred from recovering compensation.The statute of limitations is a law that establishes the time limits by which a lawsuit must be filed. Every state has a unique statute of limitations. Some states have specific administrative requirements for filing lawsuits as well. If you fail to start a lawsuit within the legal time limit or comply with the administrative requirements of a state, you may be permanently barred from recovering compensation.

• Pennsylvania: The statute of limitations is generally 2 years from the date of the incident giving rise to the injury or claim. However, under the “discovery rule,” this clock may not start until the patient knew, or through the exercise or reasonable diligence should have known, that they have been injured and that the injury was caused by another person’s conduct.
• New Jersey: Similar to Pennsylvania, the limit is generally 2 years from the date of the injury. New Jersey also recognizes the “discovery rule” for situations where injuries and their cause, despite the exercise of reasonable diligence, are not immediately apparent.
• Requirements for Minor Children: In Pennsylvania, children injured by medical negligence usually have until their 20th birthday to file. In New Jersey, children injured by medical negligence also have until their 20th birthday to file a lawsuit. HOWEVER, New Jersey has a special time limit for a child injured during the labor and delivery process. For children born after July 2004, a lawsuit must be filed on or before the child’s 13th birthday.
• Other States: Statutes of limitations vary; consult a legal professional for specific laws and guidelines related to your case.