Posted: April 29th, 2018

A comparison of medical malpractice legislation in different US states

A comparison of medical malpractice legislation in different US states

Medical malpractice is a legal term that refers to the failure of a health care provider to meet the standard of care expected by a reasonable patient, resulting in harm or injury. Medical malpractice lawsuits are civil actions that seek to compensate the injured patient for the damages caused by the provider’s negligence. However, the laws governing medical malpractice vary significantly from state to state, affecting various aspects of the litigation process and the outcomes of the cases. This paper will compare some of the key differences in medical malpractice legislation among different US states, focusing on four main areas: expert witnesses, pre-trial screening, limits on damages, and joint and several liability.

Expert witnesses are professionals who testify in court about the standard of care, causation, and damages in medical malpractice cases. They play a crucial role in establishing whether the health care provider breached the duty of care and whether that breach caused the patient’s harm. However, different states have different requirements for who can qualify as an expert witness in medical malpractice cases. For example, some states require that the expert witness practice in the same specialty as the defendant provider, while others allow experts from related fields. Some states also require that the expert witness be licensed or certified in the same state as the defendant provider, while others do not. Additionally, some states have specific rules for how to disclose, challenge, or exclude expert witnesses before or during trial.

Pre-trial screening is a process that aims to filter out frivolous or meritless medical malpractice claims before they reach trial. Some states have mandatory pre-trial screening panels that review the evidence and issue a non-binding opinion on whether the case has a reasonable basis. The panel usually consists of a judge, a lawyer, and a health care provider. The panel’s opinion can be admissible as evidence at trial, but it does not prevent either party from proceeding with the case. Other states have voluntary pre-trial screening panels that parties can opt into or out of. Some states also have alternative dispute resolution (ADR) mechanisms, such as arbitration or mediation, that parties can use to resolve their disputes without going to trial.

Limits on damages are caps or restrictions on the amount of money that a plaintiff can recover in a medical malpractice lawsuit. Damages are usually divided into two categories: economic and noneconomic. Economic damages are quantifiable losses, such as medical expenses, lost wages, or future earning capacity. Noneconomic damages are subjective losses, such as pain and suffering, emotional distress, or loss of consortium. Some states have imposed limits on noneconomic damages in medical malpractice cases, ranging from $250,000 to $750,000 depending on the state and the type of injury. Some states have also imposed limits on total damages or punitive damages (which are awarded to punish the defendant for egregious conduct) in medical malpractice cases.

Joint and several liability is a legal doctrine that determines how multiple defendants are held responsible for paying damages to a plaintiff in a medical malpractice lawsuit. Under joint liability, each defendant is liable for the entire amount of damages awarded to the plaintiff, regardless of their degree of fault. Under several liability, each defendant is liable only for their proportionate share of damages based on their degree of fault. Under modified joint or several liability, there are exceptions or thresholds for applying joint or several liability depending on certain factors, such as the percentage of fault or the amount of damages. Different states have adopted different versions of joint and several liability in medical malpractice cases, which can affect how plaintiffs recover their damages and how defendants allocate their liability.

In conclusion, medical malpractice legislation in different US states varies significantly in terms of expert witnesses, pre-trial screening, limits on damages, and joint and several liability. These differences can have important implications for both plaintiffs and defendants in medical malpractice lawsuits, as well as for health care providers and patients in general. Therefore, it is essential to be aware of the specific laws and regulations that apply in each state when dealing with medical malpractice issues.

References:

– Budetti PP., Waters TM., Medical Malpractice Law in the United States – Report (2005). Available at: https://www.kff.org/wp-content/uploads/2013/01/medical-malpractice-law-in-the-united-states-report.pdf
– 22 U.S.C § 2702 – Malpractice protection | U.S. Code | US Law | LII / Legal Information Institute (n.d.). Available at: https://www.law.cornell.edu/uscode/text/22/2702
– State medical liability reform | American Medical Association (n.d.). Available at: https://www.ama-assn.org/practice-management/sustainability/state-medical-liability-reform
– Medical Malpractice State Laws (n.d.). Available at: https://medicalmalpracticelawyers.com/medical-malpractice-state-laws/

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