Obstacles to Medical Malpractice Compensation

Laws governing medical malpractice are usually designed to protect a patient's right to pursue compensation if they are injured as a result of medical negligence. They can be complex and burdensome, however, and are affected by medical and insurance lobbyists who have prevailed upon states to pass legislation that makes it harder to bring and try medical malpractice cases against medical providers and their insurers.

Three such obstacles are legal limits on the amount of recoverable damages an injured person can ask for, sometimes referred to as "caps," time limits for filing medical malpractice cases, and certificates of merit. These kinds of obstacles make it imperative for an injured person to consult an experienced medical malpractice lawyer as soon as possible if they believe that they have been injured as a result of a doctor's actions.

Caps on Compensation

What is a “Cap?” When the law limits the amount of a personal injury settlement an injured person can recover in a lawsuit against a health care provider, lawyers refer to that limit as a “cap.” Some states have enacted caps on …

Certificates of Merit

One major obstacle an injured person has to overcome in many states is the requirement that they file a “certificate of merit” with the courts. A certificate of merit confirms that the injured person’s lawyer has met with an accepted medical expert about her case who has confirmed that …

Statutes of Limitations

Laws in most states require injured people to pursue legal remedies for medical malpractice soon after the injury occurs rather than later. This requirement is known as a statute of limitations. In North Carolina, suits alleging medical malpractice must be brought before the courts not more than …