Medical Malpractice Litigation: The Good The Bad And The Ugly

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and significant threat to doctors. They increase insurance costs and can alter the practice of medicine.

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

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

Duty of Care

The most important element in a medical malpractice case is that the victim was owed a doctor's duty that was violated. Medical malpractice claims differ from other types of negligence cases in that they typically involve a doctor-patient relation, which can be established by documents from a doctor or phone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

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

The plaintiff has to demonstrate that the defendant's conduct did not meet the standard care under the circumstances. This can only be proven by expert testimony regarding acceptable medical practices and the defendant's reluctance to follow these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove malpractice, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or death of your loved one. This is referred to as proximate causation. For instance, if an negligent treatment alleged to have caused the injury would not have had a negative impact 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 caused by the conduct of the physician.

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 prevail in a medical malpractice case, the injured patient must prove four legal aspects that a duty of care or professional care existed and the doctor breached this obligation; the breach led to injury; and the injury led to damages. The primary element of a claim for medical malpractice revolves around the standard of care which is determined through expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from the standard of care when treating the patient. For instance, when a doctor breaks a patient's arm and fails to correctly set it or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This can lead to either a complete or medical malpractice law firm partial loss of use, as well as financial damages.

In most cases, medical malpractice claims are filed with state trial courts. However under certain circumstances federal courts are also able to consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have a specialized system of state courts that handle the issues. However, they are subject to different rules of court procedure than federal district courts.

Causation

Physicians swear to protect their patients and if they fail in their duty to uphold that duty and cause injury, medical malpractice law Firm the patient may be entitled to compensation for damages. Medical malpractice claims can be brought up when a doctor decides to administer a procedure that has risks and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.

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

Medical malpractice lawsuits often involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides spend a lot of time and resources in making preparations for a case whether it is settled or if it goes to court. This is a major reason why malpractice claims can be so costly to both the plaintiff and the medical professional involved, and is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the nature of medical malpractice. Compensation damages compensate the victim for the monetary losses or expenses caused by the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages are the payment of physical pain and mental stress.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which a lawsuit can be filed in federal courts. It is usually the case when doctors are employed by a federally funded clinic like the Veteran's administration or when the doctor is a resident of 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 depositions, written interrogatories, and requests for the production of documents. Patients who are accused of medical malpractice could also be subject to the stress of the jury trial, and possibly be in danger of being rejected by a judge, or dismissed by the jury.

You must prove that medical negligence, or mistake caused your injury to win a claim for Medical Malpractice Law Firm malpractice. The injury must be significant enough that a financial award would substantially make up for your financial losses as well as emotional trauma. New York medical malpractice law also has damage caps, and other restrictions on the amount a patient can receive should they be successful in filing an appeal.