Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They could increase the cost of insurance for physicians and change medical practice.

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

To sue a physician for negligence, the patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The first aspect of a bellevue medical malpractice lawsuit negligence claim is that the party who suffered was bound by a duty of the doctor who was not fulfilled. In contrast to other types of negligence cases medical malpractice claims typically require the existence of a relationship between doctor and patient. This can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

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

The plaintiff is then required to establish that the defendant did not adhere to the standard of medical care in the circumstances. This element is only able to be proved through expert testimony about acceptable medical practices and the defendant's reluctance to comply with these guidelines. The second factor is that the breach directly harmed the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's dereliction of duty and your injury or loved one's untimely death. This concept is known as causal proximate. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health irrespective of whether it was done or not, then you wouldn't be able to claim damages for any injuries or deaths that were caused by the doctor's actions.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient may be held accountable for negligence. To win a medical malpractice lawsuit the victim must prove four elements: that there was a duty to care, that the physician breached the duty, that the breach caused injury and finally the injury resulted in damages. The standard of care is the first component in a medical negligence case, and it's established by expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar circumstances.

The breach of this duty is when he or she deviates from the standard of care when rendering treatment to the patient. For example, if the physician breaks a patient's arm and fails to correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm to heal improperly. This could lead to either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, but under certain circumstances, federal courts may also consider these claims. The 94 federal district courts across the United States each have a judge and jury panel that hears these cases. The majority of states have a special system of state courts that handle these matters. However, they have different rules of court procedure than federal district courts.

Causation

Physicians take an oath to protect their patients and when they fail to fulfill this duty and cause harm, a patient may be legally entitled to compensation for their losses. A medical malpractice lawsuit could be brought up when a doctor decides to administer a procedure which has known risks and the patient would have declined the procedure if fully informed of the potential consequences.

The plaintiff in a medical negligence case must prove that the physician failed to adhere to accepted guidelines for practice, and that the doctor's negligence was a direct cause of the injury or illness that the patient was suffering from and that the ailment could not have occurred if it weren't because of the negligence of a physician. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, attorneys from both sides spend substantial time and resources in preparation for the case. This is a major reason why malpractice claims are so costly to both the plaintiff and the medical professional involved, and is one of the main reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Depending on the type of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and expenses caused by the physician's negligence, such as loss of income or the cost of future medical care. Non-economic damages include compensation for physical pain as well as mental distress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. It's usually the case when a doctor is employed by a clinic that is funded by federal funds such as the Veteran's Administration, or in the case of a doctor who is from another country but is practicing in the United States as part of an extraterritorial treaty.

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

To be successful in a medical malpractice claim, you must show that the error or negligence of a Donna Medical Malpractice Lawyer (Vimeo.Com) professional caused your injury. The harm must be serious enough that a financial award will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damage caps, and other limitations on the amount the patient could receive when they are successful in bringing an appeal.