Medical Malpractice Litigation: The Good The Bad And The Ugly

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase insurance costs and can affect the practice of medicine.

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

To successfully claim a doctor's malpractice, the patient must prove each of the following legal elements using a preponderance of the evidence: breach of duty; breach of obligation; causation; damages.

Duty of Care

The first aspect of a claim for medical malpractice is that the person who was injured was obliged to perform a duty by the doctor that was breached. Medical malpractice cases differ from other negligence claims in that they often involve a physician-patient relationship, which can be established through things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and library.kemu.ac.ke practice.

Doctors could be held accountable for the negligence or incompetence of their staff, such as interns or assistants. In addition, they may be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then show that the defendant did not conform to the standard of care in the circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's refusal to follow these standards. The second element of malpractice is that the breach directly harmed 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 wrongful death. This is referred to as causal proximate. If, for example, the alleged negligent treatment did not have an adverse effect on your health, irrespective of whether or not it was done, you won't be able get compensation for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to win a medical malpractice lawsuit, the injured party must demonstrate four elements: that there was a duty to care and that the doctor breached the obligation, that the breach resulted in injury and finally the injury resulted in damages. The first element of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician is in breach of this duty when he or her deviates from the norm of care while treating the patient. If a doctor fractures the arm of a patient, the doctor may fail to cast it correctly. The doctor's infraction of this obligation causes the broken part to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts, however under limited circumstances, federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have a specialized system of state courts that deal with the issues. However, they follow different rules of court procedures than federal district courts.

Causation

Physicians swear to do no harm, and if they fail to uphold this duty and cause harm, the patient may be entitled to compensation for damages. A medical malpractice claim could occur when a doctor decides to administer a procedure that is associated with risks and the patient could have refused the procedure if they had been fully informed of the potential consequences.

The plaintiff in a case of medical malpractice must prove that the doctor failed to act in accordance with accepted guidelines for practice, and that this failure was the primary cause of the injury or illness the patient suffered and that the injury could not have occurred except because of the negligence of a physician. The burden of proof, referred to as "preponderance" of evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and lengthy discovery procedures prior to trial. In the event that the case settles or goes to trial, the lawyers on both sides have to spend substantial time and resources in preparation for the matter. This is one of the main reasons why malpractice claims are so costly for both the patient and the doctor affected, 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 can be awarded damages for punitive or compensatory, based on the kind of medical malpractice. Compensatory damages pay for the financial losses and expenses caused by the physician's negligence like loss of income or the costs of future medical care. Non-economic damages can include reimbursement for physical and mental anxiety.

Medical malpractice lawsuits are usually filed in a state trial court. There are certain situations in which an action can be filed in federal courts. This is typically the case when doctors are employed by a federally-funded 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 a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of medical malpractice will also have to bear the stress of a jury trial and may risk being denied their claim by a judge or rejected by the jury.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a financial award that covers your financial losses as well as emotional stress. New York medical malpractice law also has specific damage caps, as well as limitations on the amount a patient can receive should they be successful in filing a claim.