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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They can increase insurance costs and medical malpractice can alter the medical practice.

In general, doctors are under obligations to their patients to follow accepted medical practices. This is referred to as the "standard of care.

To sue a doctor over negligence, the patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was owed a duty by the doctor that was not met. Unlike some types of negligence cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which is established through things such as doctor's medical records and phone consultations. In general, doctors who treat patients must adhere to accepted guidelines in their field and practice.

However, doctors could also be held accountable for the negligence of their staff members, including interns or assistants. In addition, they could be held liable for the actions of emergency medical personnel under their supervision.

The next thing that a plaintiff has to prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This element is only proven through expert testimony regarding acceptable medical practices, and the defendant's failure adhere to these standards. The other element is that the breach directly injured the patient. To prove this your lawyer must demonstrate the direct causality and impact between the defendant's failure to perform his duty and your injury or your loved one's wrongful death. This is referred to as proximate causation. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless whether it was performed or not, you wouldn't be able to claim damages for any injuries or wrongful deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient could be held accountable for negligent behavior. In order to prevail in a medical malpractice case, the injured patient must prove four legal elements which include: a duty to provide professional care was owed and the doctor breached this obligation; the breach led to injury; and the injury caused damages. The first part of a medical malpractice claim is the standard of care that is determined by experts' testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

The breach of this obligation occurs when he violates the standard of care while providing treatment to the patient. For example, if the doctor breaks the arm of a patient when he does not correctly set it or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal in a wrong way. This could lead to the loss of use, either in whole or in part of use and financial damages.

Medical malpractice cases are filed in state trial courts, however under limited circumstances, federal courts may also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a specialized system of state courts that deal with these issues. They do however, follow 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 avoid harm. A medical malpractice claim may be brought up when a doctor chooses to perform a treatment that has risks and the patient would have opted to not undergo the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not act in accordance with accepted standards of practice, that the failure was a direct cause for the illness or injury the patient was suffering from, and that the injury could not have occurred if it weren't due to the negligence of the doctor. This burden of proof is also known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pre-trial discovery hearings. Both parties invest a lot of time and resources in making preparations for a case whether it is settled or if it is a court case. This is why malpractice lawsuits can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

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

Medical malpractice claims are usually filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. It's usually the case when doctors are employed by a federally-funded medical malpractice lawsuits clinic such as the Veteran's Administration or in the case of a doctor who is from other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and involve large amounts of legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical malpractice could also be subject to the pressure of an open jury trial and could be in danger of having their claim dismissed by a judge or dismissed by jurors.

To win a medical malpractice law firm malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a financial award will substantially compensate for your financial losses and emotional trauma. Additionally, New York medical malpractice laws have specific damage caps as well as other limits on the amount that could be awarded to a patient who is successful in bringing a claim.