Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They can increase insurance costs and can affect the medical practice.

In general, doctors owe patients the obligation to follow the accepted medical practice without any deviation or infraction. This is referred to as the standard of care.

To sue a doctor over malpractice, a patient has to be able to prove the following elements by a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The primary element in a medical malpractice case is that the injured person was owed a doctor's duty that was breached. Unlike some types of negligence cases medical malpractice claims usually require a relationship between doctor and patient. This is established through things such as doctor's medical records and phone consultations. In general, doctors who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors can also be liable for the negligence of their staff members, such as assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel under their supervision.

The next element that a plaintiff must prove is that the defendant failed to meet the standard of care in the specific circumstances. This can be established through expert testimony on acceptable medical practices and the defendant's failure to follow these standards. The second aspect of malpractice is that this breach directly harmed the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's dereliction of duty and your injury or your loved one's wrongful death. This is referred to as proximate cause. For instance, if the negligent treatment alleged to have caused the injury would not have had an adverse impact on your health regardless whether it was executed or not, you wouldn't be able claim damages for any injuries or wrongful deaths that were caused by the conduct of the physician.

Breach of Duty

A physician who fails to meet their duty of care towards a client can be held responsible for negligence. In order to succeed in a medical negligence lawsuit, the injured person must prove four legal aspects: a duty of professional care was breached and the doctor breached this obligation; the breach led to injury; and the result led to damages. The standard of care is the first aspect in a medical malpractice case, and is established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this obligation occurs when he or she violates the standard of care in providing treatment to the patient. For instance, if a physician breaks the arm of a patient, attorneys the doctor fails to correctly set it or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This could lead to an incomplete or total loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances, federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have state courts that specialize in the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for damages if the doctor fails to meet their obligation to prevent harm. A medical malpractice claim can also be brought when a doctor is performing a procedure that has known risks and the patient would not have consented to the procedure had they been fully informed.

In a medical malpractice lawsuit, the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. This negligence was the sole cause of any injury or illness suffered by the patient and the injury would never occur if it weren't due to the negligence of the doctor. The burden of proof, known as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically involve expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the case. This is why malpractice lawsuits can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health care groups support efforts to reform tort laws in the United States.

Damages

Depending on the kind of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and expenses caused by the negligence of a physician for example, loss of income or the cost of future medical care. Non-economic damages are the payment of physical pain and mental anxiety.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are certain situations in which a lawsuit may be filed in federal court. This is typically the situation where a physician is employed by an institution that is funded by federal funds like the Veteran's Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

medical malpractice law firms malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical negligence also may have to endure the pressure of the jury trial, attorneys and possibly face the threat of having their claim dismissed by a judge or rejected by the jury.

You must demonstrate that medical negligence or error was the cause of the injury you suffered to win a claim for medical malpractice. The damage must be severe enough to warrant a monetary payment that will compensate you for your financial losses and emotional trauma. New York medical malpractice law also includes certain damages caps and limits to the amount that an individual patient could be awarded should they be successful in filing an claim.