Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase the cost of insurance for physicians and change the practice of medicine.

In general, doctors are under obligations to their patients to adhere to accepted medical practices. This is called the standard of care.

To sue a doctor for negligence, the patient must demonstrate the following elements with a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was breached. Medical malpractice cases differ from other types of negligence claims in that they typically involve a doctor-patient relationship that can be established through things like doctor's records or telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

However, doctors may also be liable for the negligence of their staff members, like interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff then has to prove that the defendant's actions didn't meet the standard care under the circumstances. This element can be proven with expert testimony about acceptable perris medical malpractice lawyer practices and the defendant's refusal to adhere to these standards. The second aspect of malpractice is that this breach directly harmed the patient. To prove that you have committed a crime, your lawyer will need to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This is called proximate cause. For instance, if an negligent treatment alleged to have caused the injury would not have had an adverse impact on your health, regardless of whether it was done or not, you would not be able to recover damages for any injuries or deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient can be held accountable for negligence. In order to win a medical negligence lawsuit the person who suffered must prove four things: that there was a duty to care and that the doctor breached the obligation, that the breach caused injury and finally the injury caused damage. The first element of a brownwood medical malpractice lawyer malpractice claim revolves around the standard of care which is determined through expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician violates this duty when he or she strays from standard care while treating the patient. If a doctor breaks the arm of a patient, he or she may fail to cast the patient correctly. A doctor's breach causes the broken arm to heal improperly. This can result in either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, however in certain circumstances federal courts may be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who handles these cases. A majority of states have a system of state courts that handle these matters. However, they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if the doctor fails to meet their obligation to not cause harm. A medical malpractice claim can also arise when the doctor administers a procedure with known risks and the patient would not have agreed to the procedure if they had been fully informed.

The plaintiff in a case of medical malpractice must prove that the physician did not comply with accepted guidelines for practice, and that the doctor's negligence was the primary cause of the illness or injury the patient was suffering from and that the ailment could not have occurred except because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a lot of time and resources in making preparations for a case whether it settles or if it is a court case. This is why malpractice claims can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health care groups support efforts to change tort laws in the United States.

Damages

Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages compensate the victim for the monetary losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages may include the payment of physical and mental suffering.

Medical malpractice claims are filed in state trial courts. However, there are instances where a lawsuit could be filed in federal court. This is usually the situation when doctors are employed by a federally-funded clinic such as the Veterans Administration, or if the doctor is from another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical malpractice could also be subject to the pressure of a jury trial and potentially be in danger of having their claim dismissed by a judge or dismissed by a jury.

To be successful in a medical malfeasance claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a monetary award would substantially make up for your financial losses and emotional distress. New York medical malpractice law also includes certain damage caps, and other limits to the amount that the patient could receive should they be successful in filing claims.