Though litigation varies by state, there are three general criteria that must be proven for a successful medical malpractice suit (and thus be eligible for financial payout/compensation). The first of these criteria is a violation of standard of care, which was briefly explained above. Basically, it is reasonably expected of a healthcare professional that they perform duties consistent with a standard of care. This standard is recognized by the law and health code of a medical establishment. Breaching the standard of care is most often due to negligence, meaning the healthcare professional was not taking a precaution or measure expected of them while following the standard of care.

Once the breach of standard of care is established, it must then be proven that this negligence caused injury to the patient. If the healthcare professional caused injury but it was not out of negligence, there is no case. In other words, just because the patient experienced a negative outcome, does not mean that the doctor breached the standard of care. In fact, negative outcomes are fairly common in hospitals and other healthcare settings. Due to the nature of medicine, it is not guaranteed a patient will be healed when they undergo any type of treatment. So, this second criteria comes with two subsets of criteria. The professional must have caused an injury (negligence without injury does NOT constitute a case, either) directly because of their negligence. So, to recap, if the patient was harmed due to an indirect factor despite the doctor having been found negligent, there is no case. If the patient was harmed but not due to the doctor’s negligence, there is no case. And if the patient was not harmed despite the doctor having been found negligent, there is no case.

The final criteria to assess is somewhat optional, depending on how a patient wishes to proceed. The injury usually has to be significant for a patient to pursue a claim. Why does this matter? Well, imagine a patient who received a small scar from surgery that was due to a doctor’s negligence. Is a medical malpractice suit worth pursuing? Considering that these types of suits are expensive and exhausting, maybe not. Legal fees, battling hospital lawyers, and relying on hours of testimony from experts can leave a patient financially and emotionally drained. This is why many claims are settled outside of court, or don’t receive much media attention unless they include big settlements. So, the final criteria is not legally required, but it is important to think about. Some helpful questions to ask yourself are:

• How did this malpractice influence my life?
• Did it cause a loss of income?
• Did it cause pain and suffering?
• Did it cause a disability?
• Do I have exorbitant medical expenses because of this?

In one form or another, malpractice usually must cost a patient significant financial, physical, or emotional trauma.