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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They drive up physician insurance costs and Medical malpractice can alter medical practice.

In general, doctors have a duty to their patients to adhere to accepted medical practices. This is known as the standard of care.

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

Duty of Care

The first aspect of a medical malpractice claim is that the person who was injured was legally obligated by the doctor that was violated. In contrast to other types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which is established through things such as doctor's medical records and phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff, including assistants and interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next element a plaintiff needs to establish is that the defendant failed to meet the standard of care in the circumstances. This can only be proven by experts' testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these standards. The second element is that the breach directly injured the patient. To prove malpractice your lawyer must to prove that the defendant's breach of duty directly caused your injury or death of a loved one. This is called proximate cause. If, for instance the alleged negligent act could not have had any negative impact on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries, or wrongful death, that were allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient can be held accountable for negligent behavior. To prevail in a medical malpractice case, the injured patient must prove four legal elements that a duty of professional care was owed and the physician violated this duty; the breach caused injury, and the injury resulted in damages. The primary element of a medical malpractice claim revolves around the standard of care, which is determined by experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or similar circumstances.

The physician's violation of this obligation occurs when he/she does not adhere to the standard of care when giving treatment to the patient. For instance, if a physician breaks a patient's arm the doctor does not correctly set it or fails to cast the broken arm. A doctor's breach causes the injured arm to heal incorrectly. This can lead to an incomplete or total loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts, although 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 is able to hear medical malpractice cases. The majority of states have state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical malpractice law firms professionals fail to perform their obligation to prevent harm. A medical malpractice claim may also arise when a doctor opts to carry out a procedure which has known risks and the patient could have refused the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not follow accepted guidelines for practice, and that this failure was a direct cause for the injury or illness that the patient suffered and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof, also known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. Both sides spend a lot of time and resources in the preparation of a case, whether it settles or if it goes to court. This is why malpractice lawsuits are costly for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Depending on the type of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages include the payment of physical pain and mental anguish.

Medical malpractice claims are usually filed in a state court of trial. However, there are instances in which a lawsuit may be filed in federal court. This is typically the situation where a doctor works at an institution that is funded by federal funds, such as the Veteran's Administration, or when the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

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

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be severe enough to warrant a financial award that would cover your financial losses as well as emotional stress. In addition, New York medical malpractice laws have damage caps, medical malpractice as well as other limitations on the amount that can be awarded to a patient who has a successful claim.