Medical Malpractice Litigation: The Good The Bad And The Ugly

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They can increase the cost of insurance for doctors as well as alter medical practice.

In general doctors owe patients the obligation to follow the medical malpractice lawyers standards that are accepted without any deviation or exclusion. This is referred to as the standard of care.

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

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a duty of a doctor that was not met. Unlike some types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which can be established through things like medical records and phone 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 interns or assistants. Furthermore, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The next thing the plaintiff must prove is that the defendant did not satisfy the standard of medical care under the circumstances. This can be established by expert testimony regarding acceptable medical malpractice lawsuits practices and the defendant's refusal to adhere to these guidelines. The second aspect is that the breach directly hurts the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's breach of duty and your injury, or your loved one's wrongful death. This is referred to as proximate cause. If, for instance, the alleged negligent act was not able to have any negative impact on your health, regardless of whether or not it was performed or not, you aren't able to be awarded damages for any injuries or death, that you believe was caused by the doctor's conduct.

Breach of Duty

A doctor who does not fulfill their obligation of care to the client could be held accountable for their negligence. In order to succeed in a medical negligence lawsuit, the injured person must prove four legal elements: a duty of professional care was owed and the doctor violated this duty; the breach caused injury, and the injury caused damages. The standard of care is the main aspect in a medical wrongful conduct case, and it is established by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this obligation is when he or she is not following the standard of care in giving treatment to the patient. For example, if the physician breaks the arm of a patient, the doctor isn't able to properly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm heal incorrectly. This could result in either a complete or partial loss of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain circumstances, federal courts may also take on these cases. The 94 federal district courts across the United States each have a jury panel with a judge who decides on these cases. Most states have a system of state courts that specialize in these cases, but with different rules of court procedure than federal district courts.

Causation

Doctors swear to not cause harm, and if they fail to uphold this obligation and cause injury, the patient may be entitled to compensation for the damages. A medical malpractice claim may also arise when a doctor is performing a procedure that has known risks, and the patient would not have agreed to the procedure had they been fully informed.

In a lawsuit for medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. This negligence must have been the main cause of any injury or illness that the patient suffered, and the injury could not have occurred but because of the negligence of the physician. This burden of proof, also known as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery processes. Both parties invest a lot of time and money the preparation of a case, whether it's settled or goes to court. This is the primary reason why malpractice claims are expensive for both the plaintiff and the doctor Lawsuits involved. It is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the type of medical negligence. Compensation damages are awarded to patients for financial losses and expenses caused by the negligence of a physician for example, loss of income or cost of future medical treatments. Non-economic damages are the payment of physical pain and mental anguish.

Medical malpractice claims are filed in state trial courts. There are some situations where a lawsuit can be filed in federal courts. This is usually the situation when the doctor is 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.

Legal actions involving medical malpractice are usually adversarial and require significant legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of medical malpractice might also have to deal with the pressure of an open jury trial and could be at risk of being rejected by a judge or dismissed by a jury.

To be successful in a medical malfeasance claim, you must show that the medical negligence or error caused your injury. The harm must be serious enough that a financial award will significantly compensate for your financial losses as well as emotional stress. In addition, New York medical malpractice laws provide for damage caps as well as other limits on the amount that can be awarded to a patient who has a successful claim.