Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase insurance costs for doctors as well as alter the way they practice medicine.

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

To successfully sue a doctor for malpractice, an aggrieved patient must show each of these legal elements with the preponderance of evidence: duty; breach of duty; causation; and damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a duty to a doctor which was not fulfilled. Contrary to other types of negligence cases Medical malpractice claims typically require the existence of the relationship between a doctor and patient, which could be established through documents like a doctor's records and phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be held accountable for the negligence of their employees, such as assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to meet the standards of care in the particular circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's failure to perform his duty and your injury or loved one's death. This is referred to as proximate causation. For instance, if an negligent treatment alleged to have caused the injury would not have had an adverse effect on your health irrespective of whether it was done or not, you would not be able to claim damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligent behavior. To win a medical negligence lawsuit the victim must establish four elements: there was a duty of medical care and the physician violated the duty, that the breach resulted in injuries, and then the injury caused damage. The first aspect of a medical malpractice case centers around the standard of care which is determined by experts' testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician violates this duty in the event that he or she departs from the standard of care when treating the patient. If a physician breaks the arm of a patient, they may not be able to cast the right way. The doctor's lapse in obligation causes the broken arm to heal improperly, resulting in the complete or partial loss of use and subsequent monetary damages.

In most cases, medical malpractice claims are filed in 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 hears medical malpractice cases. A majority of states have a system of state courts that handle the issues. However, they follow different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to prevent harm. A medical malpractice claim can also be brought when a doctor performs a treatment with known risks, and the patient would not have consented to the procedure if they had been fully informed.

The plaintiff in a medical malpractice case must prove that the doctor failed to comply with accepted guidelines for practice, and that this failure was a direct cause for the illness or injury the patient was suffering from and that the harm would not have happened but due to the negligence of the doctor. The burden of proof, referred to as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, attorneys from both sides spend significant time and resources preparing for the trial. This is the reason why malpractice claims can be expensive for both the plaintiff and physician involved. It is one of the primary reasons that doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for the financial losses and expenses caused by the negligence of a physician which includes loss of income or cost of future medical treatments. Non-economic damages can include compensation for mental and physical stress.

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

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of alleged medical negligence might also have to face a jury trial and are at risk of their claim being denied by a judge or rejected by a jury.

You must prove that medical negligence or mistake caused your injury to be able to make a claim for Medical Malpractice Law Firms malpractice. The injury has to be severe enough to warrant a monetary award that would cover your financial losses and emotional trauma. Additionally, New York medical malpractice laws provide for damage caps as well as other limits on the amount that can be awarded to a person who has a successful claim.