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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and serious threat to doctors. They can increase insurance costs and can alter medical practice.

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

To successfully sue a doctor for malpractice, the patient must be able to prove each of the following legal elements by the preponderance of evidence: duty; breach of duty; causation; and damages.

Duty of Care

The primary element of a medical malpractice claim is that the person who was injured was bound by a duty of the doctor that was breached. As opposed to other types cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established through things like a doctor's records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors can also be held accountable for the actions of their employees, such as interns or assistants. Furthermore, they can be held accountable for the actions of emergency medical personnel under their supervision.

The next thing that a plaintiff must prove is that the defendant failed to meet the standard of care in the particular circumstances. This can be established by expert testimony regarding acceptable medical malpractice attorney practices and the defendant's failure to comply with these standards. The second element of malpractice is that this breach directly caused harm to 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 death of a loved one. This is referred to as proximate cause. For instance, if alleged negligent treatment wouldn't have had a negative impact on your health irrespective of whether it was done or not, you won't be able claim damages for any injuries or deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who does not fulfill their obligation of care to a client can be held accountable for negligence. To prevail in a medical malpractice lawsuit, the injured person must prove four legal elements: a duty of professional care existed; the physician breached this obligation; the breach led to injuries; and the damage led to damages. The first element of a medical malpractice claim is the standard of care which is determined through experts' testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or identical circumstances.

The breach of this duty occurs when he or she deviates from the standard of care when rendering treatment to the patient. For example, if the doctor breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken part to heal incorrectly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances federal courts may consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of state courts that handle these issues. They do however, follow different rules of court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail in their duty to uphold the oath and cause injury, a patient may be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor decides to administer a procedure that has risks and the patient could have refused the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice case must prove that the physician did not follow accepted guidelines for practice, and that the failure was a direct cause for the illness or injury the patient was suffering from, and that the injury would not have occurred but because of the negligence of a physician. This burden of proof is referred to as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the matter. This is one of the main reasons why malpractice claims are costly to both the plaintiff and the doctor involved. It is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded punitive or compensatory damages depending on the nature of medical malpractice. Compensation damages compensate victims for monetary losses and expenses due to the negligence of the doctor medical malpractice for example, loss of income or the cost of future medical treatments. Non-economic damages could include the compensation for physical and mental anguish.

Medical malpractice lawsuits are usually filed in a state trial court. However, there are some instances where a lawsuit could be filed in federal court. This is usually the case where a doctor is employed by a federally funded facility such as the Veteran's Administration, or where the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are mostly adversarial and Medical Malpractice involve significant legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical malpractice will also have to bear the stress of a jury trial and potentially be at risk of being denied their claim 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 distress. Additionally, New York medical malpractice laws have certain damages caps and other limitations on the amount that can be awarded to a person who has a successful claim.