What s The Current Job Market For Medical Malpractice Litigation Professionals

Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They can increase the cost of insurance for doctors as well as alter the way they practice medicine.

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

To successfully sue a doctor for malpractice, the patient must prove each of the following legal elements with the preponderance of evidence: breach of that obligation; causation; damages.

Duty of Care

The primary element of a medical malpractice law firms malpractice claim is that the injured party was obliged to perform a duty by the doctor that was not met. In contrast to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This could be established through documents such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, like interns or assistants. In addition, they may be held accountable for the actions of emergency medical personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant failed to meet the standard of care in the specific circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical practices and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that this breach directly harmed the patient. To prove malpractice the lawyer you hire 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 causal proximate. If, for instance, the negligent treatment you claim to have received did not have an adverse effect on your health, regardless of whether or not it was done by a physician, you will not be able win damages for any injuries, or medical malpractice even wrongful death, that you believe was caused by the doctor's conduct.

Breach of Duty

A doctor who fails to fulfill their obligation of care to a client can be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal elements that a duty of care or professional care existed and the doctor breached this obligation; the breach led to injury; and the result led to damages. The first part of a medical malpractice claim is the standard of care which is determined by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in the same or similar circumstances.

The breach of this duty occurs when he does not adhere to the standard of care when rendering treatment to the patient. For example, if the doctor breaks a patient's arm, the doctor fails to correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This can result in a partial or complete loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, but under certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a system of special state courts that deal with the cases, although they have different rules of court procedure than federal district courts.

Causation

Physicians take an oath to not cause harm, and if they fail in their duty to uphold this obligation and cause injury patients may be entitled to compensation for any damages. A medical malpractice claim may also arise when a doctor chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to act in accordance with accepted standards of practice, that the failure was a direct cause for the injury or illness the patient suffered and that the ailment could not have occurred except for the physician's negligence. This burden of proof is also known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, lawyers on both sides have to spend significant time and resources preparing for the matter. This is why malpractice cases are costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health care organizations support efforts to change tort laws in the United States.

Damages

In the event of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for financial losses and expenses due to the negligence of the doctor which includes loss of income or the costs of future medical care. Non-economic damages could include the compensation for physical and mental anxiety.

Medical malpractice claims are generally filed in a state trial court. However, there are some instances where a suit could be filed in federal court. It is usually the case when the doctor is employed by a federally-funded medical clinic such as the Veteran's Administration or when the doctor is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve significant legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and potentially be at risk of being rejected by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a monetary payment that will compensate you for your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have certain damages caps and other limitations on the amount that may be awarded to a patient who successfully makes a claim.