Medical malpractice case numbers are increasing as several states have changed their laws to favor plaintiffs, specifically California and Pennsylvania. These recent legal reforms have eased the process of filing and litigating medical malpractice lawsuits, leading to a surge in cases brought to court.
CAPS ON DAMAGES
The revision and elimination of caps on damages has been one of the most impactful changes to medical malpractice laws. Patients are now empowered to seek more substantial compensation for the damages suffered, covering medical expenses and lost wages, as well as pain, suffering, and emotional distress. This development has opened new possibilities for justice and appropriate restitution for those affected by medical negligence.
SHORTENING OF STATUTES OF LIMITATIONS
The shortened statutes of limitations are another significant change to medical malpractice lawsuits in recent years. The shift has added pressure for patients to act swiftly and strategically in seeking legal recourse when injured due to medical malpractice. The shortening of the statutes of limitations makes seeking the expertise of an experienced medical malpractice expert and organizing records quickly more crucial than ever.
LOWER STANDARD TO PROVE NEGLIGENCE
In recent years, states have made it easier for patients to prove negligence by lowering the standard of care from “gross negligence” to “ordinary negligence,” meaning that the healthcare provider failed to act in a way that a reasonable healthcare provider would have acted in the same situation. Patients are more likely to be compensated for their injuries with a lower standard to meet. Consequently, the changes have also made it more expensive for healthcare providers to practice medicine, as they face more lawsuits.
THE IMPLICATIONS OF THE EXPANSION
The medical malpractice case expansion has brought both benefits and challenges for all parties. For patients, it means increased opportunities to seek compensation for their injuries, medical expenses, and emotional distress, which can help ease the burden on affected individuals and their families during a difficult recovery process. On the other hand, healthcare providers may find themselves more susceptible to lawsuits, leading to potential increases in medical malpractice insurance costs. These implications emphasize the importance of ensuring effective legal representation for both plaintiffs and healthcare providers.
Guidepoint Legal Solutions Helps You Navigate the Evolving Medical Malpractice Landscape
If you are seeing more medical malpractice cases or are seeking expertise in this area, turn to Guidepoint Legal Solutions to help you navigate the evolving medical malpractice legal landscape.
Guidepoint Legal Solutions’ suite of individual and comprehensive expert services can connect you with the exact expertise you need, provide comprehensive summaries and timelines from medical and insurance records, let you consult a US-trained licensed physician at any time, and much more.
If you require legal assistance for a medical malpractice case or to further understand the impact of recent legal changes in your state, contact us today to connect with our in-house team and highly-qualified experts.
Please note: This article does not reflect the views or opinions of Guidepoint Global, LLC (“Guidepoint”). Guidepoint is not a registered investment adviser and cannot transact business as an investment adviser or give investment advice. The information provided in this article is not intended to constitute investment advice, nor is it intended as an offer or solicitation of an offer or a recommendation to buy, hold or sell any security. Any use of this article without the express written consent of Guidepoint and Lexicon Legal Content is prohibited.