What s The Job Market For Medical Malpractice Litigation Professionals

Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They drive up physician insurance costs and may alter the medical practice.

In general, doctors have the obligation to their patients to adhere to accepted medical practices. This is called the standard of care.

To sue a physician for malpractice, a patient has to demonstrate the following elements with a preponderance of proof: breach of duty, causation and Medical Malpractice damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was bound by a duty of the doctor that was violated. As opposed to other types cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established by means 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.

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

The next thing that a plaintiff must prove is that the defendant did not adhere to the standard of care in the particular circumstances. This can be proved through expert testimony on acceptable medical malpractice lawyer practices and the defendant's inability to comply with these guidelines. The second element of malpractice is that this breach directly caused harm to the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's failure to perform his duty and your injuries or loved one's untimely death. This is called proximate cause. If, for instance the alleged negligent act was not able to have any negative impact on your health, irrespective of whether or not it was performed or not, you aren't able to be awarded damages for any injuries or death that was believed to be cause by the physician's behavior.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient can be held accountable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects: a duty of professional care was breached and the doctor breached this obligation; the breach led to injury; and the result led to damages. The first 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 in similar or similar circumstances.

The breach of this obligation occurs when he or she deviates from the standard of care in providing treatment to the patient. For instance, when a physician breaks a patient's arm the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are brought in state trial courts. However, in certain circumstances federal courts are also able to consider these claims. 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 state courts that specialize in these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if doctors fail to fulfill their obligation to avoid harm. A medical malpractice claim may be brought up when a doctor decides to perform a procedure that is associated with risks and the patient would have declined the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice case must show that the doctor did not act in accordance with accepted standards of practice, that the failure was the primary cause of the injury or illness the patient suffered and that the injury would not have occurred but due to the negligence of the doctor. The burden of proof, known as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a significant amount of time and money prepping for a trial, whether it is settled or goes to court. This is one of the main reasons why malpractice claims are expensive for both the plaintiff and the medical professional involved, and it is one of the main reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Victims can receive damages for punitive or compensatory, based on the nature of medical negligence. Compensation damages compensate victims for the financial losses and expenses resulted from the negligence of the doctor for example, loss of income or the cost of future medical care. Non-economic damages can include the payment of physical and mental stress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are some situations where an action can be filed in federal courts. This is typically when a doctor is employed at a federally-funded clinic, such as the Veteran's Administration, or if the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and involve large amounts of legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical malpractice also may have to endure the pressure of a jury trial and potentially be in danger of having their claim rejected by a judge or rejected by jurors.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be serious enough to warrant a financial award that would cover your financial losses and emotional trauma. In addition, New York medical malpractice attorney malpractice laws provide for damage caps, as well as other limitations on the amount that can be awarded to a person who successfully makes a claim.