Breaking Down the Legal Standards That Protect Patients from Negligent Care

Curious what happens when your doctor messes up?

Healthcare malpractice litigation can be one of the most crucial fields of law you’ll never consider. Until you desperately need it. Once you need it, it’s vital that you understand how healthcare malpractice litigation works.

Here are the facts.

Millions of Americans receive improper medical care each year. According to a recent study from Johns Hopkins, medical errors cause over 250,000 deaths annually. The study went on to say that errors are the third-leading cause of death behind only heart disease and cancer.

Millions. Of Deaths.

But death isn’t the only issue at hand either. Medical malpractice causes patients to suffer life-altering injuries every year. Patients who undergo botched surgical procedures. Those who receive the wrong medication. People that fall victim to serious mistreatment while under a hospital’s care.

But for every successful healthcare malpractice litigation case, there are dozens, if not hundreds, of victims who don’t know their legal options exist.

Patients shouldn’t be afraid to speak up when they feel something isn’t right. Which is why understanding the legal standards regarding healthcare malpractice is so important.

What You’ll Learn:

• What Is Considered the Standard of Care?
• The 4 Elements of Negligence That Must Be Proven
• What Are the Most Common Types of Medical Malpractice Cases?
• Why Healthcare Malpractice Legal Standards Matter to Patients

What’s Considered the Standard of Care?

When you’re hurt by negligent medical treatment, the legal term for what you should have received is known as the standard of care.

Essentially, the standard of care is the level and type of treatment that a competent healthcare professional, with a similar background and specialty, would have provided if they were in the same situation.

When the level of care you received falls below what is deemed “reasonable” and causes you harm… You may have a case for malpractice.

Just remember, healthcare malpractice litigation is complicated.

When assessing whether or not the provided care falls below the standard, things like location, medical training, and resources will be taken into consideration. For this reason, healthcare malpractice litigation typically involves testimonies from expert witnesses who can attest to the level of care provided vs. what should have happened.

The 4 Elements of Negligence That Must Be Proven

There are four things that your doctor (or their insurance company) will try to poke holes in when you file a case. They must prove that one, or more, of the following did not occur:

• Duty of Care. The doctor was obligated to provide you with a certain level of care. Establishing a doctor-patient relationship proves this.
• Breach of Standard of Care. The doctor failed to provide you with the level of care that any other reasonable doctor would provide.
• Cause. You would not have been injured if the doctor had provided you with proper care.
• Damages. You were injured and suffered losses like pain and suffering, medical bills, lost wages, etc.

You must prove each of these areas were met when the negligence occurred. If you can’t prove even one of them, your case will not be successful.

According to recent studies by the American Medical Association, medical malpractice verdicts are increasing. In fact, the average of the top 50 medical malpractice verdicts hit $56 million in 2024 alone.

What Are the Most Common Types of Medical Malpractice Cases?

While every case is different, certain negligent behaviors tend to make up the majority of medical malpractice litigation lawsuits.

Misdiagnosis or Delayed Diagnosis

Diagnostic errors are the most common complaint amongst healthcare malpractice litigation claims. About 33% of all malpractice suits are due to misdiagnosis or delayed diagnosis.

Whether a doctor fails to properly diagnose your illness or completely misdiagnoses you, running behind on finding the correct issue can cause you to suffer unnecessary pain and/or procedures.

Surgical Errors

It’s every horror movie enthusiast’s nightmare and happens more often than you’d think. Surgeons can make fatal mistakes like operating on the wrong body part or even leaving objects inside of you after surgery.

Medication Errors

It happens more often than most people think. Hospitals and doctors can be extremely negligent when prescribing medication. Not only can they give you the wrong medicine but wrong dosage as well. Even your pharmacist can cause damage by misreading a prescription.

Birth Injuries

As if natural birth trauma wasn’t enough to worry about. Children and mothers can also be injured by medical negligence during childbirth.

Birth injuries can lead to serious lifelong injuries for both mother and child.

Why Healthcare Malpractice Legal Standards Matter to Patients

What most people fail to realize is that healthcare malpractice standards don’t just benefit those who wind up injured by medical negligence.

Legal standards provide an accountability check for everyone who walks into a hospital.

If doctors and hospitals know they can be liable for malpractice if they don’t provide a certain level of care, they are going to hold everyone to that same standard.

Think about it:

If a hospital knows they can be taken to court for not providing their patient with food during their stay, they will make sure their patients are fed.

Without litigation, there wouldn’t be a way to hold these facilities accountable for their actions.

Did you know…

About 30% to 40% of medical malpractice claims rule in favor of the patient. This means if you have a legitimate claim against a healthcare professional, you have a chance at justice.

Of course, your case has to be cut and dry. You need to have all the right evidence to back up your story. This is where hiring a professional healthcare malpractice attorney can really help you out.

No justice system is perfect but why have standards if they aren’t going to hold patient care to them?

Final Thoughts

Millions of people receive subpar medical care every year. Many people suffer needlessly due to negligence.

Healthcare malpractice litigation legal standards are there for a reason:

• They provide patients with a baseline knowledge of what they should have received.
• They prove negligence.
• They inform you of your options should you be a victim of medical malpractice.
• They hold every healthcare professional accountable for their actions.

Familiarize yourself with healthcare malpractice laws. You never know, they just might save your life one day.