Going to an elite school dominated by pre-med students gives me faith for the future of medicine, but, like every STEM class teaches, there is always room for error. When a medical practitioner makes a mistake, it is called negligence. But when a medical practitioner makes a mistake that no competent professional should ever make and injures the patient, it is called willful and wanton negligence. The baseline for any medical malpractice case is willful and wanton negligence, which is formally defined as a doctor’s intentional disregard of the patient’s safety, knowing their actions could cause harm.

Now that we have discussed the foundational element of a medical malpractice case, let’s move to general eligibility to file a case. Eligibility depends on specific legal criteria that differ by state. Let’s take Texas, for example, which has strict laws called tort reform that place significant limitations on what constitutes a legitimate lawsuit within the state. Some of these tort reforms outline time limits for filing a case, the types of injuries that qualify, and the necessary proof required to establish negligence. Others, which are more restrictive, include monetary caps on client damages, limiting the amount of money that can be recovered by non-economic damages such as pain and suffering. Additionally, public hospitals and emergency rooms are granted near legal immunity, making it significantly more difficult for patients to successfully file claims against them.

What makes a good case, though? Case value is measured by client damages, which directly affect potential settlement value. Several factors influence this value, including the patient’s age, medical history, severity of damage, cost of future medical care, dependents (such as a spouse or children), and lost earnings. The aim of every case is to prove that the doctor’s negligence caused the injury. This goal becomes easier or harder depending on the factors listed above. Let’s take a look at how this would manifest in real life. The daughter of an 86 year old client with a lifetime of heart problems calls claiming that a doctor overlooked symptoms of the heart attack that caused her father’s death. Is this a good case? Absolutely not. It would be almost impossible to prove that the doctor led to his death given the patient’s age and previous medical history. Aside from the lack of substantial proof, there are not any other significant damages under the law because he did not have dependents, lost earnings, and would not need future medical care. 

There are “cookie cutter” cases, so to speak, that are more likely to result in significant settlements. One example is an infant suffering severe brain damage during birth as a result of a doctor or nurse’s negligence. Despite the absence of lost earnings or dependents, the cost of lifelong medical care (24/7 nursing) can result in a settlement worth millions. Another example is an incapacitated adult with dependents. Let’s say a middle-aged working person with no prior medical conditions becomes incapacitated due to medical negligence. If they were the primary financial provider for a spouse and children, the hospital could be liable for decades of lost income in addition to future medical expenses. In the legal world, these cases are equivalent to winning the lottery because there are so many recoverable damages.

The legal field often seems quite intimidating and confusing, and while there are certainly more in-depth intricacies of the law that I have omitted, case value assessment is the foundation of an attorney’s job. And while it may come as a surprise, most attorneys are not good at determining actionable and profitable case value. Not every unfavorable medical outcome constitutes malpractice, and not all malpractice cases are viable for litigation and trial. If you simply remember to assess cases based on damages, you can go ahead and put that beautiful J.D. behind your name.