An Overview Of The Various Provisions Of Medical Malpractice Laws

Medical malpractice laws are a part of personal injury laws. These laws deal with the physical and mental injuries that a person has to undergo, because of the negligence, mistakes or wrong judgment on the part of a health care provider. Medical malpractices are on the increase, and in a bid to reduce their incidence, government authorities have brought out stringent laws against such malpractices.

An overview of the different constituents of medical malpractice laws But you must remember here that the various US States have different provisions for each of these provisions. Still, you can get a basic idea of what medical malpractice laws are all about.

Statute of Limitations - This means that there is a certain time limit within which you can file a case for medical malpractice. This time limit in most US States is two years from the date of incidence of the malpractice. Of course, there are relaxations if the victim is below 18 years, is mentally ill, or has been imprisoned. Also, some relaxation in this time limit is given in the case of diseases in which side effects show up very late in victims.

Contributory or Comparative Negligence- This is a tool by means of which the negligence committed is measured and accordingly the damages are determined in percentages.

Joint and Several liabilities - This is another provision which differs from one US State to another.

This is the provision which decides in case of multiple defendants whether their fault is joint and/or several and accordingly makes judgments for various defendants according to the extent of their individual and joint faults. Many US States include the above provision.

While in some US States even if multiple defendants are involved, one ruling is made and the amount of compensation is divided among the various defendants in the proportion of the percentage of their individual faults.

Vicarious Liability - This provision deals with emergency room cases, which are the most common medical malpractice cases.

Most US States have agreed to the vicarious liability provision. Here, for any medical malpractice in an emergency room, the emergency room physician is held responsible. This is because most hospitals give the emergency room physician full authority in such cases. So, it is logical that he is also liable to pay the damages of any fault committed by any medical care professional in the emergency room.

On the other hand, some US States firmly stipulate that hospital authorities are also to blame, as they have recruited an incompetent doctor, and as such these US States have not incorporated this provision in their medical malpractice laws.

Expert Testimony - This is a standard provision in most US States. According to this provision, another certified health care provider is required to testify to the court as an expert in the medical field as to the faults that the health care provider, against whom the case is filed, has committed.

Damage caps - This is the most vital provision in medical malpractice laws. Generally, two types of compensation for damages are given, namely compensatory damages and punitive damages. Compensatory damages are awarded against economic as well as non-economic losses. Economic losses include medical bills, both past and present and compensation for loss of work or profit, while non-economic losses include compensation for pain and suffering, inconvenience, and loss of ability to enjoy fun. Punitive damages are awarded in extreme cases. They award four times higher monetary compensation than compensatory damages and are rewarded if there is sufficient proof that the health care provider knew about the consequences of his/her negligent or ignorant malpractice actions before-hand or if the injury was done intentionally to the patient.

So, the above description of the various provisions in medical malpractice laws can help a medical malpractice victim to assess the pros and cons of his case which he wants to file against a health care professional/ professionals/hospital authorities.