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Four Elements of a Medical Malpractice Case

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

In general, doctors owe patients the obligation to adhere to the accepted medical practice without deviation or infraction. This is referred to as the standard of care.

To successfully claim a doctor's malpractice, an aggrieved patient must prove each of the following legal elements using the preponderance of evidence: duty; breach of obligation; causation; damages.

Duty of Care

The first aspect of a medical malpractice (links.musicnotch.com) claim is that the injured party was obliged to perform a duty by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of a physician-patient relationship, which could be established through documents like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

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

The plaintiff then has to prove that the defendant's conduct did not conform to the standard of care in the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices, and the defendant's failure adhere to these guidelines. The second aspect is that the breach directly hurts the patient. To prove that you have committed a crime, your lawyer will need to show that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is referred to as proximate cause. For example, if the negligent treatment alleged to have caused the injury would not have had an adverse effect on your health regardless whether it was performed or not, you wouldn't be able to win damages for any injuries or medical malpractice deaths that were allegedly caused by the physician's conduct.

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 prevail in a medical malpractice lawsuit, medical malpractice the injured person must prove four legal elements which include: a duty to provide professional care was breached and the doctor violated this obligation; the breach led to injuries; and the damage resulted in damages. The first element of a medical malpractice claim centers around the standard of care, which is determined by expert testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or identical circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a physician fractures the arm of a patient, they may not be able to cast the arm correctly. A doctor's breach causes the broken arm to heal improperly. This can result in a partial or complete loss of use, and monetary damages.

Medical malpractice cases are filed in state trial courts. However, under certain circumstances federal courts may be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. The majority of states have a special system of state courts that handle these matters. They do however, follow different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if the doctor fails to meet their obligation to avoid harm. A medical malpractice claim may be brought up when a doctor decides to administer a procedure which has known risks and the patient would not have opted out of the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the physician failed to adhere to 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 injury could not have occurred except for the physician's negligence. The burden of proof, also known as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pretrial discovery processes. Both parties invest a lot of time and resources in the preparation of a case, whether it is settled or goes to court. This is the primary reason why malpractice claims are so costly for both the patient and the doctor involved, and it is one of the reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the type of medical negligence, the victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial loss or expenses caused by the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are situations in which a lawsuit may be filed in federal court. It is usually the case when a doctor is employed by a federally-funded medical clinic, like the Veteran's administration, or when the doctor is from another country but practices in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and involve extensive legal discovery. This includes written interrogatories, depositions, as well as requests for documents. Victims of alleged medical malpractice also may have to endure the pressure of the jury trial, and possibly face the threat of being rejected by a judge or dismissed by a jury.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a monetary award is sufficient to cover your financial losses as well as emotional pain. Additionally, New York medical malpractice laws have specific damage caps as well as other limits on the amount that may be awarded to a patient who is successful in filing a claim.