Medical malpractice cases are often confused with ordinary personal injury claims. While both involve injuries caused by negligence, medical malpractice lawsuits require proof that a healthcare provider violated a professional standard of care. These cases also depend heavily on expert testimony to establish what a competent medical professional should have done under similar circumstances.
These added legal and technical requirements make Philadelphia medical malpractice claims more complex than most other injury cases.
Medical Malpractice Is a Type of Personal Injury Claim
Medical malpractice is a subset of personal injury law. Like car accidents, slip and falls, or product liability cases, it is based on the concept of negligence.
An injured person must generally prove four elements to have a successful personal injury case:
- The defendant owed a duty of care (e.g., a provider-patient relationship in medical malpractice cases).
- The defendant breached that duty
- The breach caused injury
- The injury resulted in damages
The difference with medical malpractice claims lies in who the defendant is and how the breach of duty element is established. In a standard personal injury claim, such as a traffic accident, the duty of care is based on what a reasonably careful person would do. In medical malpractice cases, with the defendant being a licensed healthcare provider, breach is evaluated against established medical standards rather than ordinary behavior.
Med Mal Cases Involve a Professional Standard of Care
The defining feature of a Philadelphia birth injury claim is the requirement to prove a violation of the professional standard of care. This standard refers to the level of skill, knowledge, and care that a reasonably competent healthcare provider with similar training would have provided under the same or similar circumstances that injured the patient.
To succeed in a medical malpractice case, the injured patient must typically establish:
- A provider–patient relationship existed
- The applicable medical standard of care (i.e., what a competent provider should have done)
- How the provider deviated from accepted medical practice.
- That the breach directly caused the injury.
- Damages such as medical bills, lost income, or pain and suffering.
Courts rely on qualified medical experts to explain what the proper standard of care was and how the defendant failed to meet it. Without credible expert testimony, most medical malpractice cases cannot proceed, even if the patient suffered serious harm.
Medical Negligence Lawsuits Have Specific Procedural Requirements
Medical malpractice claims also differ from typical personal injury cases in the procedures involved. Many states use special rules designed to screen claims and limit frivolous lawsuits.
These requirements may include:
- Filing a certificate of merit or affidavit from a medical expert confirming the claim has a legal and medical basis
- Complying with statutes of limitations
- Using specialized discovery procedures
- Meeting higher evidentiary standards during litigation
Additionally, malpractice cases often require extensive review of medical records, consultations with multiple experts, and complex analysis of treatment decisions. This makes them more expensive and time-consuming to pursue than most injury claims.
Contact a Medical Malpractice Lawyer for Help Evaluating Whether You Have a Claim
Not every bad medical outcome qualifies as malpractice. Providers are not legally responsible for every complication or unsuccessful treatment. Determining whether your injury resulted from negligence requires careful legal and medical analysis.
An experienced Philadelphia brain injury lawyer can review your medical records, consult with qualified experts, and explain whether your case meets the legal requirements for a malpractice claim. Contact Morris Wilson Knepp Jacquette, P.C., to schedule a free consultation to learn more about your options.