What Challenges Arise in Proving Medical Malpractice?
Medical malpractice cases often involve high stakes for patients and their families, as well as for the healthcare professionals accused of wrongdoing. A medical malpractice attorney can be an essential advocate in these matters, helping clients address the legal standards, evidentiary requirements, and procedural hurdles that arise in these cases.
At the Law Office of Steven R. Smith in Garden City, New York, I, Attorney Steven R. Smith, understand the difficulties individuals face when trying to prove that medical negligence occurred. Let’s take a look at the challenges that can make proving medical malpractice more difficult and how they can be addressed effectively. Keep reading for more information.
Establishing the Legal Elements of Medical Malpractice
To succeed in a medical malpractice case, certain legal elements must be proven. Each element carries its own set of evidentiary and procedural challenges.
Duty of Care
A plaintiff must show that a doctor-patient relationship existed, creating a duty of care. While this may seem straightforward, disputes can arise if treatment was informal, incidental, or provided in an emergency without a formal agreement.
Breach of Duty
Proving that a healthcare provider failed to meet the accepted standard of care requires testimony from qualified medical professionals. Even obtaining such testimony can be difficult, as many physicians are reluctant to testify against colleagues.
Causation
Causation is often one of the most challenging aspects. The plaintiff must link the breach of duty directly to the injury suffered, which can be complicated by pre-existing conditions or multiple possible causes.
Damages
Finally, a plaintiff must show measurable harm—whether physical, emotional, or financial—resulting from the alleged negligence. Quantifying these damages often requires extensive documentation and expert analysis.
How Medical Records Are Used in Building a Case
Medical records form the backbone of most malpractice cases, but obtaining and interpreting them can present significant difficulties.
Incomplete records: Missing notes, test results, or treatment histories can weaken a case and raise disputes about what truly occurred.
Confusing or technical language: Even when records are complete, the medical terminology and shorthand can be challenging for non-medical professionals to interpret without expert help.
Discrepancies in documentation: Conflicting entries or after-the-fact alterations can complicate efforts to establish an accurate timeline of care.
A medical malpractice attorney often works with certified medical record reviewers and specialists to make sense of this data, but it requires significant time and resources.
Proving the Accepted Standard of Care
Every malpractice case hinges on proving what a competent healthcare provider would have done under the same circumstances. Determining this standard can be difficult for several reasons:
Regional variations: Standards of care may vary by location, available resources, and the type of facility.
Advances in medicine: The accepted standard can change rapidly with new research and technology, requiring up-to-date analysis.
Conflicting expert opinions: Two equally qualified experts may have opposing views on whether care met the accepted standard.
The court generally relies heavily on expert witnesses to resolve these disputes, making their testimony a central focus of litigation.
Challenges in Securing Qualified Expert Witnesses
A persuasive medical malpractice case almost always depends on strong expert testimony. However, finding qualified, credible experts is far from simple.
Reluctance to Testify
Physicians may be unwilling to testify against others in their profession, especially in smaller medical communities.
Stringent Qualifications
Courts often require that expert witnesses have experience in the same medical specialty as the defendant and are actively practicing.
Cross-examination Pressure
Even highly qualified experts can face aggressive questioning intended to undermine their credibility. Preparing an expert to withstand such scrutiny takes careful planning by the medical malpractice attorney.
Statutes of Limitations and Procedural Deadlines
Strict legal deadlines can end a case before it starts if they’re missed. These time limits can vary depending on the state, the type of injury, and when the injury was discovered.
In some situations, patients may not realize they were harmed until months or years after the treatment. While “discovery rules” can extend filing deadlines, defendants often challenge whether a plaintiff should have discovered the injury earlier.
The Burden of Proof in Medical Malpractice Cases
Medical malpractice cases require the plaintiff to meet a high burden of proof—typically a “preponderance of the evidence” standard in civil cases. This means the evidence must show it’s more likely than not that the provider’s negligence caused the injury.
While this standard is less strict than the “beyond a reasonable doubt” standard in criminal cases, it still demands compelling, well-supported evidence, such as:
Conflicting evidence: The defense may introduce alternative explanations for the patient’s injuries.
Medical uncertainty: Some medical outcomes have no clear cause, making it harder to attribute them to negligence.
Jury comprehension: Complicated medical information must be presented in a way that laypeople can understand and trust.
The Impact of Comparative Fault
In some cases, the defendant may argue that the patient’s own actions contributed to the harm. This concept, known as comparative fault, can reduce the amount of compensation awarded.
Examples include:
Failure to follow medical advice: If a patient ignores treatment recommendations, it can weaken the claim.
Concealing symptoms or history: Omitting important information can complicate diagnosis and treatment.
Delaying follow-up care: Waiting too long to seek additional treatment may be used against the plaintiff.
A medical malpractice attorney must be prepared to counter these arguments with credible evidence.
Emotional and Psychological Barriers
Malpractice cases can be emotionally taxing for patients and their families. Reliving the events through testimony and cross-examination can be distressing, and the drawn-out nature of litigation can prolong this stress.
Trauma from the incident: Recounting painful memories in court can cause emotional strain.
Public nature of the proceedings: Court records are often public, which can be uncomfortable for plaintiffs.
Impact on recovery: The stress of litigation can affect physical and mental health.
It’s important to be prepared for these potential effects.
How Insurance Companies May Be Involved
Medical malpractice claims are typically defended by insurance companies with substantial resources and experienced legal counsel. These insurers often challenge claims aggressively.
Early settlement offers: Insurers may propose settlements that don’t fully reflect the harm suffered, hoping to resolve the case quickly and cheaply.
Extensive defense strategies: They may employ multiple experts, motion practice, and procedural defenses to weaken the case.
Prolonged litigation: By extending the process, insurers may pressure plaintiffs to accept lower settlements.
It’s important to consider the challenges insurance companies may pose so you can be adequately prepared.
Variations in State Laws
Medical malpractice laws differ from state to state, which can significantly affect how cases are handled.
Factors that may vary include:
Damage caps: Some states limit the amount a plaintiff can recover for certain types of damages.
Pre-suit requirements: Some jurisdictions require plaintiffs to submit claims to a medical review panel before filing in court.
Expert affidavit requirements: Certain states require an affidavit from a medical expert at the time of filing.
A medical malpractice attorney must be familiar with the rules in the jurisdiction where the case is brought to avoid procedural missteps.
Proving Non-Economic Damages
Non-economic damages, such as pain and suffering or loss of enjoyment of life, are inherently subjective and can be harder to prove than economic damages like medical bills.
Evidence for these claims may include:
Testimony from the plaintiff and family members: Describing the impact of the injury on daily life.
Mental health records: Documenting emotional distress or depression resulting from the incident.
Lifestyle comparisons: Showing changes in activities and relationships before and after the injury.
Overcoming Juror Bias
Jurors may enter a trial with biases—either in favor of or against doctors. Some may believe medical professionals should be trusted without question, while others may view the healthcare industry with suspicion.
A skilled medical malpractice attorney works to identify and address these biases during jury selection and throughout the trial.
Dedicated Legal Advocacy in New York
If you or someone you love has been harmed by medical negligence, you don’t have to face the challenges of proving your case alone. My law firm, The Law Office of Steven R. Smith, helps clients in Garden City, New York, and Long Island, New York, and Nassau County, Suffolk County, Queens County, Kings County, and Westchester County build strong claims with clear evidence, credible witnesses, and thorough legal preparation. Contact our firm today.