Actionable malpractice refers to valid medical malpractice claims that a judge would accept and allow parties to settle in a court of law. A legal claim is actionable if it meets the elements required by law and has a sufficient legal basis for a court to proceed with a trial.
If a case is not actionable, the court may dismiss the claim before a trial begins. The court does this to avoid wasting valuable judicial time and resources on claims with no legal basis or far-fetched.
Whether a claim is actionable is a significant concern in medical malpractice because plaintiffs file so many frivolous lawsuits yearly.
What Is Medical Malpractice?
Medical malpractice is commonly associated with a doctor making a mistake when treating a patient. However, the scope of medical malpractice is much broader than that.
Medical malpractice includes a variety of actions or inaction by a healthcare provider that causes harm to a patient, including the following:
- Treatment;
- Lack of treatment; or
- A departure from the accepted standards of medical care or patient safety.
Medical malpractice liability determines what parties should be held legally responsible for the injuries to a patient. In many cases, the party that breached their duty of care and was the actual cause of the patient’s injuries is liable for the patient’s damages.
Because many institutions and individuals are involved in treating patients, determining precisely who the liable parties are can be challenging.
What Are Some Examples of Medical Malpractice Claims?
There are numerous different examples of medical malpractice claims, including:
Who Is Liable in a Medical Malpractice Claim?
An injured plaintiff may bring a medical malpractice claim against a medical provider who caused or contributed to the patient’s injuries. Examples of parties who may be held liable for medical malpractice include:
- Doctor: The doctor may be responsible if their actions deviate from the generally accepted standards of practice;
- Hospital: The hospital can be liable for improper care or inadequate training of the healthcare professionals and
- Nurse or other medical staff: The nurse or other medical staff that attended to the patient may be liable if they contributed to the patient’s injury.
A hospital may be liable for the patient’s injuries under the legal theory of respondeat superior. Under this theory, employers are responsible for their negligent employees’ actions if they acted within their employment scope when the misconduct occurred.
The employer may be required to pay damages and, in some cases, punitive damages.
What Legal Elements are Involved in a Medical Malpractice Claim?
Medical malpractice claims involve proof of various legal elements, including:
- Injury: The doctor or health care provider caused an injury to the patient;
- Proving injuries can be challenging because the individual was not in the best of health when they first went to see the doctor, and they do not have the medical expertise to establish the injury connection;
- Because of this, a plaintiff will probably need an expert witness to testify on their behalf to prove that the doctor’s actions or inaction caused or worsened their injury;
- Negligence: Carelessness on behalf of the doctor or health care provider;
- The plaintiff must show that the medical treatment fell below the accepted standard of care and that they suffered an injury because of it;
- The test for the accepted standard of care is, in general, what a reasonable healthcare professional in the community would do in similar circumstances and
- Statute of limitations: The time limit when a plaintiff must bring a claim;
- Each state has a time limit for when plaintiffs must file a medical malpractice claim;
- Plaintiffs who fail to file a claim within this time frame may be barred from ever filing a lawsuit against the at-fault doctor or hospital.
When Is Malpractice Considered Actionable?
Before the trial begins, the plaintiff reviews their claim to see if it is actionable. Factors that make a claim actionable include the following:
- The likelihood that the plaintiff will prevail on their claim;
- Whether there was a violation of the applicable medical malpractice laws;
- Whether the requested damages are too low or too high;
- If they are too low, the court may dismiss the claim;
- If they are too high, the court may dismiss the claim as being unreasonable, or it may subject the claim to the state limits on damages;
- The percentage at which the plaintiff is also at fault for their injuries or the accident; and
- Whether the statute of limitations has expired.
The issue of damages is a primary concern when analyzing whether a medical malpractice claim is actionable. As noted above, many individuals file lawsuits claiming medical malpractice.
In the claim process, the plaintiff must ensure the amount of damages they claim is reasonable and supported by the evidence. The plaintiff may have a valid injury that qualifies for compensation, but demanding an unreasonable damages amount may cause the court to reject the case.
In addition, the statute of limitations is another critical issue. The statute of limitations is the deadline by which the injured party must file a lawsuit against the at-fault party for their injury.
Typically, the plaintiff has a certain specified number of months or years to file their lawsuit once they discover that malpractice occurred. This time limit may vary by state and according to the types of malpractice issues involved.
The statute of limitations is sometimes complex in these types of cases and may require the assistance of a lawyer to determine when they begin. Depending on the situation, several events may start the clock. For example, the statute of limitations may begin running at the time of the injury or when the plaintiff could or should reasonably have discovered their injury.
What if I Believe I Have an Actionable Medical Malpractice Claim?
If someone believes they have an actionable medical malpractice claim, they should compile specific data and evidence that would support their legal claim, which may include:
- Any medical records or reports documenting the injury;
- Receipts, testimony, and witness statements that might show how the malpractice occurred;
- Personal records or logs that reflect when the malpractice occurred and
- Evidence of financial losses associated with the malpractice, such as additional hospital bills, medicine costs, and lost wages.
An attorney can help the claimant compile the necessary information to support the medical malpractice claim.
Many states also require plaintiffs to submit an affidavit from a qualified physician when they file the initial medical malpractice complaint. A malpractice attorney can help the plaintiff seek out a medical expert who can assess what happened professionally.
Should I Hire a Lawyer If I Have Questions About Actionable Malpractice Laws?
Medical malpractice laws vary significantly from state to state. If you or a loved one believes you have an actionable medical malpractice claim, consulting a personal injury lawyer as soon as possible is in your best interest.
Your lawyer can help you review your claim to determine whether the claim is actionable and whether you should pursue a lawsuit. If you have to appear in court, your lawyer can represent you and assist you in obtaining the appropriate damages award for your losses.
