Medical malpractice law in the US is derived from the UK’s English Common Law. It was developed by rulings in various state courts in due course of time. This legal system is designed for extensive inquiries and negotiations between adversarial parties. The goal of this negotiation process is to resolve the dispute without going to trial in front of a jury. 

Medical malpractice cases in the USA started getting recognition in the 1800s, however, these cases started getting more attention during the 1960s. 

 

While investigating, the injured person must show that the doctor acted negligently in providing care and that such negligence caused the injury. In case of death, the family members have to file a claim on the dead person’s grievances. 

In the United States, the patient alleging medical malpractice against the doctor or hospital must generally prove four legal requirements to make out a successful claim of medical malpractice. 

 

These requirements include: 

(1) the existence of a legal duty on the part of the doctor/surgeon to provide treatment to the patient

(2) A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession.

(3) A  relationship between such breach of duty and injury to the patient.

(4) The existence of damages due to the injury such that the legal system can provide redress.-  Monetary damages are easy to calculate, hence courts hearing medical malpractice cases will determine money damages to compensate the injured patient.

 

 How to Become a Medical Malpractice Lawyer?

Becoming a medical malpractice lawyer in the US requires going through several steps. Here we have discussed the steps involved in the journey to a lawyer. 

 

• Get a Bachelor’s Degree

While becoming a Medical Malpractice Lawyer, the first step involves earning a Bachelor’s degree. This is a must requirement to get admission into a law school. There are no specific subject criteria for Law Colleges. Next, you have to prepare for the LSAT.

 

• Prepare & Appear for LSAT ( Law School Admission Test)

After getting the Bachelor’s degree, you have to take the LSAT. It is the most popular and accepted standardized test for prospective law school students to enter into law school. LSAT is administered by the Law School Admission Council which is based in New York City.

Admission to the Law School is based on the scores LSAT and undergraduate GPA. The LSAT basically checks for students’ critical thinking ability and analytical & logical thinking skills. Before Applying to a Law School that is affiliated with American Bar Association, you need to produce an LSAT score, which is a general part of the admission process. 

 

•  Attend the Law School

Once get admitted, you have to attend the school. The JD, which is a Juris Doctor degree, requires three years of study. 

During their first year of study, law students complete courses in criminal, civil, property, and contract law. Medical malpractice law is related to tort laws.

During their second and third years of study, they study the elective courses in subjects like corporate taxation, as well as negotiation and trial advocacy. Medical malpractice attorneys use these skills when negotiating settlements or presenting cases to arbitrators or juries.

 

• Complete an Internship

After completing the Law School, you have to complete an internship which is provided by many law schools. They also offer clinical opportunities. After completion of these programs, the aspiring lawyer can have hands-on experience with the law.

 

• Passing The Bar Exam

The fourth and final step consists of passing the bar exam. To get a license, the student must pass the bar exam of the particular state in which they want to practice. This exam may require multiple days of testing state and national laws. You can prepare for this exam with some guidance.

 

• Earn a Master’s Degree

Licensed lawyers can earn an LLM in Health Care/ Global Health Law which includes Clinical Experiences. This degree will demonstrate to future employers candidates’ commitment and expertise with the laws that have to deal with the medical field. 

Conclusion

It is estimated that one in five Americans is a victim of medical malpractice at some point. Due to the high number of people who get injured due to medical negligence, there is a huge market for medical malpractice attorneys.

Medical malpractice lawyers help patients when their doctors make mistakes. If a doctor misses a diagnosis, or if he or she does not follow the patient’s plan for treatment, the lawyer can help sue for damages. The patient can also sue for medical malpractice if the doctor makes a mistake that leads to a shortened life span or an injury that needed physical therapy afterwards.