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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They can increase insurance costs for doctors as well as alter medical practice.

In general, doctors are under the obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.

To sue a physician over negligence, the patient must prove the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element in a medical malpractice case is that the victim was owed a duty of a doctor that was violated. As opposed to other types cases, medical malpractice claims often require the existence of a physician-patient relationship, which is established through things such as doctor's medical records and telephone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

However, doctors can also be accountable for the wrongful actions of their staff members, including interns or assistants. They could also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff must then demonstrate that the defendant's actions didn't adhere to the standard of medical care in the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's refusal to follow these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must prove that there is a direct link and causal relationship between the defendant's failure to perform his duty and your injury, or your loved one's untimely death. This is known as proximate reason. For instance, medical malpractice lawsuits if the negligent treatment you claim to have received was not able to 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 death, that were allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to succeed in a medical negligence case, the injured patient must prove four legal elements that a duty of professional care existed and the doctor breached this duty; the breach caused injury, and the injury led to damages. The standard of care is the primary element in a medical malpractice case, and it's determined by an expert's testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this obligation is when he or she deviates from the standard of care in providing treatment to the patient. If a physician fractures the arm of a patient, they might fail to cast the patient correctly. A doctor's breach causes the injured arm to heal incorrectly. This could lead to an incomplete or total loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have special state courts that deal with these cases, but with different rules of court procedure than federal district courts.

Causation

Doctors swear to protect their patients and if they fail to uphold this duty and cause harm, a patient 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 had they been fully aware of all potential consequences.

In a case of medical malpractice the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This breach must have been the primary cause of any illness or injury suffered by the patient, and the injury would not have occurred if not because of the doctor's negligence. This burden of proof is also known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery proceedings. 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 case. This is a major reason why malpractice claims are so costly to both the plaintiff and the medical professional involved, and it is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded compensatory or punitive damages, based on the type of medical negligence. Compensation damages are awarded to patients for financial losses and costs caused by the negligence of a physician for example, loss of income or expense of future medical treatment. Non-economic damages include the payment of physical pain and mental distress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. This is usually the situation when a doctor is employed by a federally funded clinic such as the Veterans Administration, or in the case of a doctor who is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

medical malpractice law firms malpractice lawsuits are largely adversarial in nature and involve large amounts of legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical malpractice also may have to endure the pressure of an open jury trial and could risk having their claim rejected by a judge, or dismissed by the jury.

You must demonstrate that medical negligence or mistake caused your injury to be able to make a lawsuit for medical malpractice. The injury must be severe enough that a financial award will substantially compensate for your financial losses and emotional stress. New York medical malpractice law also has damage caps, and other limits on the amount patients can be awarded after proving a claim.