What Evidence is Needed to Prove Malpractice?

Gallagher Healthcare :: Industry Insights

By Gallagher Healthcare | 7/21/2023

What Do Patients Need to Sue for Medical Malpractice?

In the United States, medical errors are the third leading cause of patient deaths. Many of these errors result from medical malpractice. Malpractice occurs when a medical professional fails to provide a reasonable, appropriate or ethical standard of care, resulting in a patient's injury or death.

Below, our experts at Gallagher Healthcare discuss whether patients can sue their physicians for medical malpractice. We also cover what kind of documentation patients need to prove the malpractice occurred.

Can My Patient Sue Me for Medical Malpractice?

Yes, a patient can sue their physician for medical malpractice, and medical malpractice lawsuits are common in the United States. According to one New England Journal of Medicine study, most doctors will be the subject of a medical malpractice claim before turning 65.

Is It Easy to Sue for Medical Malpractice?

Generally, suing a physician for medical malpractice is a lengthy and expensive process. Before a patient can draft and file a complaint, they must take action before their state's statute of limitations for medical malpractice ends. They must also speak with a medical malpractice attorney, secure medical records and documentation from their medical provider and fulfill all pre-filing requirements.

What Is Needed to Sue for Medical Malpractice?

Medical malpractice claims must follow strict guidelines to become viable cases, including:

The medical provider must have a duty to the patient.
The medical provider must have breached that duty.
The patient was injured or suffered significant losses from the provider's breach of duty.
The patient can provide adequate documentation linking the provider to their injuries or losses.

However, even if a patient has a viable case, it is often difficult to prove medical malpractice. According to one study, physicians win up to 90% of jury trials because the plaintiff has provided weak evidence of medical negligence.

Because medical malpractice trials are costly and medical negligence is difficult to prove, many cases are settled out of court.

Request a Quote for Medical Malpractice Insurance Today

Protect your business and peace of mind by securing medical malpractice liability insurance with Gallagher Healthcare. Our experienced advisors have helped over 60,000 medical professionals secure suitable malpractice liability protection based on their location and specialty. We stay updated on changing health care laws and the insurance marketplace, helping you secure the most competitive, comprehensive coverage for your needs.