In medical malpractice, the negligence is more complicated. The injured person must demonstrate that the medical care and treatment received was beneath the standard of care.
How does an injured person demonstrate that? Through expert testimony which is one doctor testifying against another.
Additionally, there are a myriad of other obstacles to suing doctors: notices of intent, affidavits of merit, shorter statutes of limitation; and expert testimony to name a few.
The injury must be caused by the breach of the standard of care. The easiest example, a doctor operated on the left leg instead of the right. Usually, the injury is less obvious. Many times, the defendant doctor will contend, the person’s injury was a known complication.
There can also be economic damages. Additional surgeries to repair what the negligent doctor did to the patient. Or if the patient is disabled from their job, there could be economic wage losses.
Most doctors carry malpractice insurance. Some have been sued so many times, they “go bare” and do not maintain insurance. Additionally, sometimes the hospital can also be responsible and have an additional policy of insurance.