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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They drive up physician insurance costs and may alter the way doctors practice.

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

To successfully to sue a doctor for malpractice, the patient must show each of these legal elements by the preponderance of evidence: breach of duty; breach of that obligation; causation; damages.

Duty of Care

The first element in a medical malpractice attorney malpractice case is that the person injured was owed a duty by a doctor that was violated. Medical malpractice claims differ from other negligence claims in that they usually involve a physician-patient relation, which can be established through documents from a doctor or telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, such as assistants or interns. They could also be held accountable for the actions of emergency personnel working under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standards of care in the circumstances. This can only be proven with expert testimony regarding acceptable medical practices, and the defendant's failure comply with these guidelines. The other element is that the breach directly hurts the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury or your loved one's untimely death. This is called proximate cause. For instance, if the alleged negligent treatment wouldn't have had an adverse impact on your health irrespective whether it was executed or not, you wouldn't be able claim damages for any injuries or deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A physician who fails to meet their duty of care to the client may be held liable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal elements that a duty of professional care was breached and the doctor violated this duty; the breach caused injuries; and the damage resulted in damages. The standard of care is the first element in a medical malpractice case, and it's determined by an expert's testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or similar circumstances.

The breach of this obligation occurs when he/she is not following the standard of care in rendering treatment to the patient. For instance, when a doctor breaks a patient's arm when he does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This can lead to either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts. However, in certain circumstances federal courts may be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who decides on these cases. Most states have special state courts that deal with the cases, although they have different rules of court procedure than federal district courts.

Causation

Doctors swear to protect their patients and if they fail in their duty to uphold this obligation and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice claim may be brought up when a doctor chooses to perform a treatment which has known risks and the patient could have refused the procedure had they been fully informed of the potential consequences.

In a case of medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care was the sole cause of any injury or illness suffered by the patient and the injury would never be the case if it wasn't for the physician’s negligence. The burden of proof, known as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert witnesses and lengthy pretrial discovery proceedings. Both sides invest a significant amount of time and resources in the preparation of a case, whether it's settled or goes to court. This is the primary reason that malpractice claims are costly to both the plaintiff and the medical professional affected, and is one of the reasons that physicians and medical Malpractice law Firms health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the type of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages are compensation for physical pain as well as mental 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 usually the situation when a doctor is employed by a clinic that is funded by federal funds such as the Veterans Administration or in the case of a doctor who is from another country, but is working in the United States as part of an extraterritorial treaty.

Lawsuits alleging Medical Malpractice Law Firms malpractice are mostly adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence may also be required to go through a jury trial and risk the possibility of their claim being rejected by a court or dismissed by a juror.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be severe enough to warrant a financial award that would cover your financial losses and emotional pain. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount that could be awarded to a patient who has a successful claim.