24 Dec Why Are Medical Malpractice Claims So Complicated?
You may have asked yourself why medical malpractice claims are so complicated.
Many people are overwhelmed during the claim process due to the emotional and physical effects of a medical injury. For this reason, many individuals seek the help of highly skilled and experienced medical malpractice lawyers when they want to navigate the intricate legal framework in their pursuit of compensation.
However, why are these cases so complex? Let us break it down in this blog.
Definition of Medical Malpractice
Medical malpractice refers to the patient suffering harm from a healthcare provider’s failure to meet the standard of care expected in their field. In theory, this is simple enough, but proving that a provider’s actions or inactions fell below this standard is complex.
Navigating State-Specific Laws
Each state has its own laws governing medical malpractice claims, which can make the process quite complicated.
For instance, Virginia’s statute of limitations for filing claims requires victims to file within two years. Of course, the exception applies to injuries that are not immediately apparent, which would extend the timeline.
Virginia also requires claims to undergo a malpractice review panel before they can go to court; procedurally, these push through only after having undergone the most meticulous preparation and expertise in law. Without proper guidance, authorities may dismiss valid claims on technicalities.
Role of Insurance Companies
Medical malpractice cases are complex because of insurance companies. Most healthcare providers have malpractice insurance, but insurers often pay slowly. When they do, it is not a fair-paying claim. Sometimes, they will not dispute liability but argue over how much they owe in damages.
Some even include “consent clauses” requiring the doctor to approve before settling, such as requiring the doctor to agree that the settlement will not be reported to the National Practitioner Data Bank. These clauses can further delay the resolution of the case.
As a result, a doctor may resist settlement, even if an insurer is willing, out of concern for their professional reputation. Some larger healthcare organizations may even be self-insured, meaning they process the claims internally rather than using an external insurance company. Often, these organizations conduct their own investigations and would be even less inclined to settle.
The Challenge of Expert Testimony
In medical malpractice cases, healthcare professionals must provide expert testimony to explain how the defendant deviated from the standard of care. This expert testimony is crucial in helping a judge or jury with no medical knowledge to comprehend the complexities of the case.
However, experts who will testify against their peers are hard to come by. Their testimony must be clear and convincing enough for a judge or jury to understand, which adds another layer of complexity to these cases.
Caps on Damages
It is difficult for plaintiffs to win their cases even when they do because state-imposed caps on damages can limit compensation.
For example, in Virginia, there is a cap on total recoverable damages in medical malpractice cases. Although this cap rises annually, it remains the only amount victims can recover for their pain and suffering or other non-economic losses.
Emotional and Financial Toll
Finally, because victims already have enough on their plate following their injuries, it is emotionally draining to pursue a medical malpractice claim. Litigation is also financially risky because it is time-consuming and money-consuming.
Fortunately, many medical malpractice lawyers work on contingency fees. This means they only get paid after winning the case, and their fee is typically a percentage of your compensation. These arrangements level the legal ground for victims who otherwise could not hire their legal representation.
Conclusion
Medical malpractice claims are complicated because they involve a combination of legal complexities, medical know-how, process requirements, and insurance hurdles as the victim tries to recover from an injury.
It further explains why it pays to have someone with skilled legal representation walk with you throughout the claim process. In the labyrinthine process of pursuing justice for you, you can have those experienced attorneys support you so that you can focus on healing while they do the work.
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Last Updated on December 26, 2024 by Marie Benz MD FAAD