What Is Medical Malpractice and How Is It Litigated?
What Is Medical Malpractice and How Is It Litigated?
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, hospital, or other practitioner—fails to deliver care that meets accepted medical standards, resulting in harm to the patient. These cases are legally and clinically complex, requiring attorneys to prove not only that a mistake occurred, but that it directly caused significant injury or loss.
Medical malpractice is the third leading cause of death in the United States. It affects all medical specialties and settings—from ERs and ICUs to outpatient clinics and nursing homes. For attorneys navigating these high-stakes claims, medical-legal consultants are critical allies in clarifying records, assessing merit, and preparing for litigation.
⚖️ Legal Elements of a Medical Malpractice Case
To pursue a successful malpractice lawsuit, the plaintiff must prove four essential elements:
1. Duty of Care
A provider–patient relationship existed, and the provider owed the patient a professional duty of care.
2. Breach of Duty
The provider failed to meet the expected standard of care. This is often based on what a similarly trained professional would have done in the same situation.
3. Causation
The breach of duty must have directly caused the patient's injury or deterioration.
4. Damages
The patient must have experienced harm—whether physical, emotional, or financial—as a result of the provider’s negligence.
🩺 Common Types of Medical Malpractice
Medical malpractice can arise in virtually any medical setting, but some of the most frequently litigated claims include:
Misdiagnosis or Delayed Diagnosis (e.g., heart attack, stroke, cancer)
Surgical Errors (wrong site surgery, retained instruments, anesthesia mistakes)
Birth Injuries (e.g., cerebral palsy, brachial plexus injuries due to delayed C-section)
Medication Errors (wrong drug, wrong dose, allergic reactions)
Failure to Monitor (vital signs, post-op complications, labor and delivery)
Lack of Informed Consent (failing to disclose risks and alternatives)
Premature Discharge or lack of proper follow-up
🧠 How Medical Malpractice Is Litigated
Medical malpractice lawsuits follow a highly structured legal process. Here's a breakdown of how these cases typically unfold:
1. Case Intake & Preliminary Review
Attorneys begin by collecting medical records and client statements. At this stage, a legal nurse consultant can assess whether the case has merit by reviewing records and identifying deviations from care standards.
2. Medical Record Organization & Chronology
Lexcura Summit creates detailed medical chronologies, outlining the sequence of events, identifying gaps in care, and highlighting critical points such as symptom onset, diagnosis delays, or treatment failures.
This clear and organized narrative enables attorneys to develop effective strategies early, strengthen their negotiation positions, and prepare expert witnesses efficiently.
3. Expert Witness Identification & Preparation
Most states require expert testimony to advance a medical malpractice case. We help attorneys match their case with the right expert (specialty-specific) and prepare comprehensive expert packets with the relevant medical evidence.
4. Filing the Complaint & Discovery
Attorneys formally file the lawsuit, and both sides enter the discovery phase—exchanging medical records, depositions, and evidence. Lexcura Summit supports this phase with:
Rebuttal Reports
Defense Report Analysis
Pre-deposition Summaries
Standard of Care Analysis
5. Settlement Negotiations or Trial
Most medical malpractice cases settle before trial, but successful outcomes still depend on precise, well-supported documentation. If the case goes to court, we assist with trial preparation, exhibit creation, and life care planning in catastrophic injury cases.
🧾 Damages in Malpractice Claims
A strong malpractice case must also include documentation of damages. This may include:
Medical bills and future care costs
Pain and suffering
Lost wages or reduced earning capacity
Long-term disability
Wrongful death (including funeral expenses and loss of consortium)
At Lexcura Summit, our team can assist with life care plans and damage projections for long-term or catastrophic injuries.
🛡️ How Lexcura Summit Supports Attorneys
We are more than just consultants—we are strategic partners in litigation. Lexcura Summit offers:
✔️ Medical Chronologies (within 7 days)
✔️ Record Review for Merit
✔️ Standard of Care Analysis
✔️ Life Care Planning
✔️ Rebuttal & Defense Reports
✔️ Expert Witness Preparation
✔️ 2–3 Day Rush Options Available
With over 200 board-certified clinicians, HIPAA-compliant processes, and experience across every major area of medicine, we help plaintiff and defense attorneys uncover the truth—and build stronger, faster-moving cases.
📞 Ready to Win Your Next Malpractice Case?
Contact Lexcura Summit today:
📱 Call 352-703-0703
🌐 Visit www.lexcurasummit.com
📩 Request a Complimentary 250-Page Case Review
