Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can raise insurance costs for physicians and change the way they practice medicine.

In general, doctors owe patients the duty to uphold the medical standards that are accepted without any deviation or exclusion. This is known as the standard of care.

To successfully claim a doctor's negligence, the patient must demonstrate each of the following legal elements by a preponderance of evidence: breach of duty, breach of that obligation; causation; damages.

Duty of Care

The primary element of a medical malpractice case is that the injured party was bound by a duty of the doctor that was not met. Contrary to other types of negligence cases medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which can be established by means like a doctor's records and telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors may also be accountable for the wrongful actions of their employees, such as assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel under their supervision.

The next element that a plaintiff has to prove is that the defendant did not meet the standards of care in the particular circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical procedures and the defendant's failure to comply with these standards. The second aspect is that the breach directly harmed the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's omission of duty and your injuries or loved one's wrongful death. This concept is known as the proximate cause. If, for instance the negligent treatment claimed to be negligent did not have any negative impact on your health, irrespective of whether or not it was performed by a physician, you will not be able claim damages for any injuries or death that was believed to be caused by the behavior of the doctor.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient may be held accountable for negligence. To be successful in a minnesota medical malpractice attorney malpractice case, the injured patient must prove four legal aspects that a duty of professional care was in place; the physician breached this obligation; the breach led to injuries; and the damage led to damages. The standard of care is the primary element in a medical malpractice case, and it's determined by expert testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician breaches this duty in the event that he or she departs from the norm of care while treating the patient. If a physician fractures the arm of a patient they might fail to cast the arm correctly. A doctor's breach causes the broken arm heal incorrectly. This could result in an incomplete or total loss of use and financial damages.

Medical malpractice cases are filed in state trial courts, however under certain circumstances federal courts may consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Many states have a distinct system of state courts that handle these cases. However, they have different rules for court procedures than federal district courts.

Causation

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

In a medical malpractice case the plaintiff must demonstrate that the doctor did not act in accordance to accepted standards of practice. This negligence must have been the direct cause of any injury or illness sustained by the patient and the injury would never occur if it weren't because of the doctor's negligence. This burden of proof is known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging Anacortes medical Malpractice lawyer malpractice often require expert testimony and lengthy pretrial discovery proceedings. Both parties invest a lot of time and money the preparation of a case, whether it is settled or goes to court. This is one reason why malpractice claims are costly to both the plaintiff and the physician affected, and is one of the reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the kind of medical malpractice. Compensatory damages compensate the patient for the financial losses or costs resulting from the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages could include reimbursement for physical and mental anguish.

Medical malpractice claims are filed in state trial courts. There are instances when the lawsuit may be filed in federal courts. This is typically the case when a doctor is employed at a federally funded clinic such as the Veterans' Administration, or when the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of alleged medical negligence may also have to face a jury trial, and face the possibility of their claim being denied by a court or dismissed by a juror.

You must demonstrate that medical negligence or error was the cause of the injury you suffered to win an action for medical malpractice. The injury must be severe enough that a financial award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has specific damages caps and limits on the amount the patient could receive after proving a claim.