Why Nobody Cares About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

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

In general doctors owe their patients the obligation to follow the medical standards that are accepted without any deviation or omission. This is known as the standard of care.

To successfully claim a doctor's negligence, the patient must prove each of the following legal elements with the preponderance of evidence: breach of that duty; causation; and damages.

Duty of Care

The primary element of a medical negligence claim is that the party who suffered was owed a duty by the doctor that was violated. In contrast to other types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which can be established by means such as doctor's medical records and phone consultations. In general, physicians who treat patients must adhere to accepted standards of their profession and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff, like assistants or interns. They may also be held accountable for the actions of emergency personnel working under their supervision.

The next thing that a plaintiff must prove is that the defendant did not meet the standard of care under the circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's inability to follow these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This is referred to as causal proximate. For instance, if the negligence alleged by the defendant wouldn't have had a negative impact on your health, regardless of whether it was performed or not, you won't be able to recover damages for any injuries or deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A physician who fails to meet his or Medical malpractice law Firm her obligation of professional care to a patient could be held accountable for negligence. To succeed in a medical negligence case, the victim must prove four legal elements that a duty of professional care was owed and the doctor breached this obligation; the breach led to injury, and the injury was a cause of damages. The standard of care is the primary component in a medical negligence case, and it is established by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or identical circumstances.

A physician is in breach of this duty when he or she deviates from standard care while treating the patient. For instance, if the doctor breaks the arm of a patient and does not correctly set it or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, however under limited circumstances, federal courts may also 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. A majority of states have a system of state courts that handle the issues. However, they follow different rules of court procedures than federal district courts.

Causation

Doctors swear to not cause harm, and when they fail to fulfill the oath and cause injury patients may be entitled to compensation for the damages. A medical malpractice claim may also arise when a doctor performs a treatment with known risks, and the patient wouldn't have agreed to the procedure if they had been fully informed.

In a medical malpractice law firm malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care must have been the direct cause of any illness or injury that the patient suffered, and the ailment would never occur if it weren't because of the negligence of the physician. This burden of proof is referred to as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, lawyers on both sides have to spend an enormous amount of time and effort preparing for the case. This is the primary reason why malpractice claims can be so expensive for both the plaintiff and the doctor involved, and is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the nature of medical negligence. Compensatory damages compensate the patient for the financial loss or costs resulting from the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages are compensation for physical pain and mental anxiety.

Medical malpractice claims are usually filed in a state trial court. There are some situations where lawsuits can be filed in federal courts. 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.

Medical malpractice lawsuits are mostly adversarial and involve extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical negligence will also have to bear the stress of the jury trial, and possibly risk being rejected by a judge or rejected by jurors.

To be successful in a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. New York medical malpractice law also has certain damage caps, as well as limitations on the amount the patient could receive should they be successful in filing an claim.