Medical malpractice is a specialized area of law that addresses the negligence or failure of healthcare professionals to provide an accepted standard of care, resulting in harm or injury to patients. When medical professionals—such as doctors, nurses, surgeons, or hospitals—deviate from the standard practices expected within the medical community, patients can suffer physical, emotional, and financial consequences. In such cases, legal action may be pursued through a medical malpractice lawsuit.

This area of law can be complex, requiring extensive knowledge of both medical practices and legal procedures. The litigation process for medical malpractice cases can be long, intricate, and emotionally challenging, which is why having the skilled and compassionate attorneys from Gunn | Slater by your side is crucial to ensuring that justice is served and that the injured party receives appropriate compensation for their losses.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, through action or inaction, fails to meet the established standard of care, resulting in harm to the patient. To be considered malpractice, the provider’s actions (or failure to act) must deviate from what is typically expected of a competent medical professional under similar circumstances. Importantly, medical malpractice is not simply a poor medical outcome; it is a preventable error that occurs due to negligence, oversight, or substandard care.

Standard of Care and Negligence

The “standard of care” refers to the level and type of care that a reasonably competent healthcare provider would offer in similar circumstances. It is based on the expectations of the medical community and may vary depending on factors like the medical field in question and the patient’s individual condition.

Negligence, on the other hand, refers to a healthcare professional’s failure to provide the standard of care, resulting in harm to the patient. It can manifest in various ways, including:

Misdiagnosis or delayed diagnosis

Improper treatment or medication

Surgical errors

Birth injuries

Medical device malfunctions

Inadequate follow-up care

To prove medical malpractice, the plaintiff (the patient or their family) must show that the healthcare provider’s conduct directly caused the injury, and that the care provided did not meet the accepted standard in the medical field.

Common Causes of Medical Malpractice

Medical malpractice can occur in nearly every field of medicine, but certain areas are more prone to errors, given their complexity or the critical nature of the procedures involved. Some of the common causes of malpractice include:

Surgical Errors

Surgical errors are among the most common forms of medical malpractice. These errors can include operating on the wrong body part, leaving surgical instruments inside a patient, performing unnecessary surgery, or causing damage to surrounding organs. Many surgical malpractice cases are the result of negligence, lack of proper communication, or insufficient preparation before the procedure.

Misdiagnosis or Delayed Diagnosis

Diagnosing a patient’s condition is often the first step in providing appropriate treatment. When a doctor misdiagnoses or fails to diagnose a serious condition—such as cancer, heart disease, or infections—it can lead to delayed treatment and worsened outcomes for the patient. Misdiagnosis can also occur when the healthcare provider overlooks symptoms, orders inadequate tests, or interprets test results incorrectly.

Birth Injuries

Birth injuries refer to harm caused to a baby or mother during the labor and delivery process. These injuries can result from medical negligence, such as improper use of forceps, failure to monitor fetal distress, or failure to perform a timely C-section. Conditions like cerebral palsy, Erb’s palsy, or brachial plexus injuries can sometimes result from medical malpractice during delivery.

Medication Errors

Medication errors are a common source of medical malpractice claims. These can occur when a doctor prescribes the wrong medication or the wrong dosage, or when there is a failure in communication between doctors and pharmacists. Inappropriate medication administration or incorrect drug combinations can also lead to adverse reactions and serious harm.

Anesthesia Errors

Errors during the administration of anesthesia can be life-threatening. Mistakes can include giving the wrong type of anesthesia, administering an incorrect dosage, or failing to monitor the patient’s vitals during the procedure. Anesthesia errors can lead to brain damage, heart problems, and even death.

Nursing Negligence

Nurses play a vital role in the healthcare system, and when they fail to adhere to proper protocols, it can lead to malpractice. Examples include failure to monitor a patient’s vitals, incorrect administration of medication, or failure to respond to changes in a patient’s condition. Nursing negligence often occurs due to fatigue, lack of proper training, or inadequate staffing.

The Litigation Process for Medical Malpractice

Medical malpractice litigation is a multi-step process that requires careful preparation, investigation, and strategy. While the specific details of each case may vary, the following is a general outline of the litigation process:

Initial Consultation and Case Evaluation

The first step in pursuing a medical malpractice claim is meeting with an attorney who specializes in this area of law. Gunn | Slater attorneys have decades of experience in pursuing and trying medical malpractice cases to jury verdicts. During the initial consultation, we will assess the facts of the case, including the details of the alleged malpractice, the extent of the injury or harm, and the possibility of proving negligence. This evaluation may involve reviewing medical records, consulting with medical experts, and determining whether there is sufficient evidence to support the claim.

Filing the Complaint

If we believe the case is viable, the next step is to file a petition or complaint with the court. This document outlines the plaintiff’s allegations, the legal basis for the lawsuit, and the damages sought. The petition or complaint will also be served on the defendant (the healthcare provider or medical institution), who will have an opportunity to respond.

Discovery Phase

Discovery is the phase of litigation in which both parties gather information and evidence to support their respective claims. This process can include depositions (witness interviews under oath), requests for documents, interrogatories (written questions), and expert testimony. Medical malpractice cases often rely heavily on expert witnesses—typically other healthcare professionals who can testify about the standard of care, the defendant’s actions, and the link between the malpractice and the injury.

Negotiation and Settlement

In some cases, the parties may attempt to settle the case before trial. Settlement discussions can occur at any point during the litigation process and involve negotiation of a compensation amount. Together, we will evaluate whether a settlement offer is fair, or if pursuing a trial is the best option for our client.

Trial

If a settlement cannot be reached, then the case will proceed to trial. During the trial, both parties present evidence and arguments to a judge or jury. This can include testimony from medical experts, documentation of the patient’s injuries, and evidence of the defendant’s negligence. The jury will then determine whether the healthcare provider was negligent and whether that negligence caused the patient’s harm.

Appeal

After a verdict is rendered, either party may appeal the decision if they believe an error was made in the trial process. Appeals can extend the litigation timeline, but a settlement could occur during this time, as well.

The Role of a Skilled and Caring Attorney

A compassionate, experienced medical malpractice attorney plays a pivotal role in guiding a client through the challenging and often emotional process of litigation. Here’s how a skilled attorney, like ours at Gunn | Slater can make a significant difference in the outcome of a case:

Expertise and Experience

Medical malpractice law is complex and requires an in-depth understanding of both legal procedures and medical practices. A seasoned attorney will have experience in handling cases similar to yours and be familiar with the nuances of medical negligence claims. This expertise ensures that every element of your case is handled with precision, from collecting evidence to selecting the right expert witnesses.

Reducing Stress and Emotional Burden

Medical malpractice cases can be emotionally draining, particularly when the patient is dealing with a long-term injury or loss. A caring attorney will not only handle the legal aspects of the case, but also provide the support and guidance necessary to reduce stress. By handling the details, the attorney allows the patient to focus on their recovery.

Maximizing Compensation

A well-prepared attorney knows how to properly calculate damages and fight for the maximum compensation available. This may include medical costs, lost wages, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded if the healthcare provider’s actions were particularly egregious.

Navigating Complex Legal Processes

Medical malpractice cases often involve intricate procedures, such as expert testimony and complex legal motions. A knowledgeable attorney will navigate these processes, ensuring that your case proceeds smoothly and that all legal requirements are met.

Challenges Involved in Medical Malpractice Cases

While medical malpractice lawsuits are critical in holding healthcare providers accountable for negligence, they are also some of the most complex and challenging types of legal cases. There are numerous obstacles that plaintiffs and their attorneys face throughout the litigation process, from the inherent complexity of medical knowledge to the onerous burden of proof required in these cases. Below are some of the primary challenges involved in medical malpractice cases:

Proving Medical Negligence

One of the biggest challenges in medical malpractice cases is proving that the healthcare provider was negligent. The plaintiff must show that the healthcare provider failed to meet the “standard of care,” which is the level of skill and care that a competent provider in the same field would have used under similar circumstances. Medical negligence isn’t simply based on an undesirable outcome; it is about proving that the provider’s actions or inactions deviated from accepted medical practices and caused harm.

Medical cases often involve very specific and technical aspects of care, making it difficult for non-experts to fully understand whether negligence occurred. This is why expert testimony from other medical professionals is often essential to proving the case. A skilled attorney will work to gather the necessary evidence, including expert witness testimony, to demonstrate the defendant’s negligence.

The Complexity of Medical Evidence

Medical malpractice cases often require a deep understanding of complex medical issues, making them inherently difficult to litigate. Understanding medical records, diagnoses, treatment plans, and the standard of care requires specialized knowledge that attorneys and their expert witnesses must carefully analyze. The medical field evolves rapidly, and sometimes even minor changes in procedures or treatments can be critical to a case.

The complexity is compounded by the need to interpret medical data correctly, such as test results, imaging reports, or clinical notes. Small oversights or errors in how this evidence is handled can undermine the plaintiff’s case.

Causation—Linking Negligence to Injury

In any medical malpractice case, it is not enough to show that a healthcare provider was negligent; the plaintiff must also prove that this negligence directly caused the patient’s injury. This is often called “causation,” and it is another significant hurdle in malpractice litigation.

For example, if a patient receives improper treatment, it is necessary to show that this treatment directly contributed to their injury or worsened their condition. If there were pre-existing conditions or other contributing factors that could explain the injury, then the plaintiff’s legal team must prove that the provider’s actions were the primary cause of harm. Causation is frequently one of the most challenging aspects of medical malpractice cases, as it requires experts to connect the dots between negligence and the injury in question.

Expert Witness Testimony

One of the cornerstones of medical malpractice cases is expert testimony. Since medical malpractice cases hinge on specialized knowledge, expert witnesses play a critical role in explaining complex medical concepts to the judge and jury. These experts are typically doctors, surgeons, or other healthcare providers who can testify about the accepted standard of care in a specific medical field and whether the defendant’s actions met or deviated from that standard.

However, recruiting credible, well-qualified expert witnesses can be both time-consuming and costly. Furthermore, the defense will bring in their own experts to counter the plaintiff’s claims, which can lead to conflicting opinions and make it harder to convince a jury of the provider’s negligence. Finding the right expert to support your case and ensuring that their testimony is persuasive is an essential part of the litigation process.

High Costs of Litigation

Medical malpractice cases are often expensive to litigate, especially when it comes to gathering evidence, hiring expert witnesses, and conducting in-depth investigations. The cost of securing medical records, hiring consultants, and paying for expert testimony can quickly add up. In some cases, a plaintiff may need to hire multiple medical experts to prove different aspects of the case, such as causation, standard of care, and damages.

Defendant’s Insurance and Resources

Defendants in medical malpractice cases are often well-resourced, as most healthcare professionals and medical institutions carry malpractice insurance to protect themselves in the event of a lawsuit. Insurance companies that represent doctors and hospitals typically have teams of skilled attorneys and significant financial resources dedicated to defending claims.

Insurance companies may employ aggressive tactics to deny or minimize claims, including challenging the qualifications of expert witnesses, questioning the causation of injuries, or offering a settlement that is far lower than what is justified by the case. These tactics can create considerable obstacles for plaintiffs who are seeking justice.

Additionally, healthcare institutions, such as hospitals, may have substantial legal teams and organizational resources to contest malpractice claims. As a result, plaintiffs may find themselves up against formidable opposition, making the role of an experienced attorney even more important. This is why you need an experienced firm with substantial resources, like Gunn | Slater, to fight these healthcare corporations. 

Statute of Limitations

Every state has a statute of limitations that defines the length of time a plaintiff has to file a lawsuit for medical malpractice. This period can vary depending on the state’s laws. Exceptions may exist that extend the length of time a plaintiff has to file the lawsuit based on the facts of the case or if the injured person is a minor at the time. 

One challenge faced by plaintiffs is the need to act quickly to preserve their legal rights. This means that even if a person is unsure whether they have been the victim of malpractice, they must seek legal advice soon to avoid missing the opportunity to file a claim. A skilled attorney will ensure that all legal deadlines are met and that evidence is preserved before it becomes too late to take action. You must act quickly to avoid being barred from bringing your case due to waiting too long. Call Gunn | Slater now to start the investigation.

Emotional Toll

Medical malpractice cases are often emotionally draining for plaintiffs. The plaintiff may be facing severe or life-long injuries, which can result in pain, disability, and a diminished quality of life. Some cases may involve the death of a loved one, adding to the grief and emotional strain experienced by family members.

In addition, plaintiffs must relive the details of their injury through medical records, depositions, and trials, which can be distressing. Navigating the litigation process while dealing with these emotions can be overwhelming. A compassionate law firm like Gunn | Slater is vital in supporting their clients through this difficult journey, providing emotional reassurance as well as legal expertise.

Public Perception and Bias

Medical malpractice claims can sometimes face public perception biases. Some individuals may believe that medical professionals are always working in the patient’s best interests, and may be reluctant to believe that doctors or hospitals could be negligent. This bias can make it difficult to convince a jury that a medical professional should be held responsible for an injury.

Additionally, some healthcare providers, particularly well-known doctors or hospitals, may have a strong reputation that works in their favor, making it harder for plaintiffs to garner support from the public, the jury, or the court. An experienced attorney will work to counteract any biases and present the facts in a clear and compelling manner.

The Uncertainty of Jury Verdicts

Even with strong evidence, the outcome of a medical malpractice case is not always guaranteed. Jury trials, in particular, can be unpredictable, and even cases that seem to have clear evidence of negligence can end in a defendant’s favor. Jurors may have their own biases or misunderstandings about the medical field, and they may not fully grasp complex medical issues or be swayed by expert testimony.

This uncertainty is an inherent risk in any trial, and it is why many plaintiffs may prefer to settle their case before reaching a courtroom. However, settling a case too early can result in a lower-than-deserved settlement offer, and the potential for a much higher award in a trial might be lost. Gunn | Slater will be with you every step of the way and help guide you through each and every aspect of the case.

Call Gunn | Slater So We Can Help

While medical malpractice lawsuits are essential to ensuring accountability in the healthcare industry, they are far from simple. From the technicalities of medical knowledge to the high burden of proof, plaintiffs face many obstacles throughout the litigation process. Proving negligence, establishing causation, working with expert witnesses, and managing the emotional and financial toll are just a few of the many challenges that plaintiffs must navigate.

Having an experienced and compassionate attorney is vital to overcoming these hurdles. Gunn | Slater are those attorneys.  We not only understand the complexities of medical malpractice law, but also know how to mitigate these challenges and help ensure that our clients receive the justice and compensation they deserve. With the right legal representation, victims of medical malpractice can feel confident in their pursuit of justice, knowing that their case is being handled with care, expertise, and determination. Call Gunn | Slater today so we can help.