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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They increase insurance costs and may alter the medical practice.

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

To sue a doctor over malpractice, a patient has to prove the following elements with a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The most important element of a medical malpractice case is that the injured party was bound by a duty of the doctor who was not fulfilled. As opposed to other types cases medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which can be established through things like medical records and telephone consultations. In general, physicians who treat their patients must adhere to the accepted standards in their profession and practice.

Doctors may also be held accountable for the negligence or incompetence of their staff, such as interns or assistants. Furthermore, they can be held accountable for the actions of emergency medical personnel under their supervision.

The plaintiff is then required to demonstrate that the defendant's actions didn't conform to the standard of care in the circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical practices and the defendant's refusal to comply with these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's omission of duty and your injury or loved one's wrongful death. This is known as proximate causes. For instance, if the alleged negligent treatment would not have had any negative impact on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to win damages for any injuries, malpractice or even wrongful death that was allegedly cause by the physician's behavior.

Breach of Duty

A physician who fails to meet their obligation of care to clients can be held accountable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects 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 element of a medical malpractice lawsuit revolves around the standard of care which is determined through experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or Malpractice similar circumstances.

A physician is in breach of this duty when he or her deviates from the normal care of the patient. For instance, when a physician breaks the arm of a patient and fails to correctly set it or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal incorrectly, resulting in the complete or partial loss of use and monetary damages.

In most instances, medical malpractice law firms malpractice claims are filed with state trial courts. However in certain situations, federal courts can also consider these claims. The 94 federal district courts across the United States each have a jury panel with a judge who decides on these cases. A majority of states have a system of state courts that deal with these matters. However, they have different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if the doctor fails to meet their duty to do no harm. A medical malpractice claim could be brought up when a doctor opts to carry out a procedure that has risks and the patient would have declined the procedure if fully informed of the possible consequences.

In a case of medical malpractice the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. The failure to follow the standard of care was the sole cause of any illness or injury suffered by the patient, and the injury would never have occurred if not because of the doctor's negligence. This burden of proof is also known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pre-trial discovery hearings. If the case settles or goes to trial, the lawyers on both sides have to spend considerable time and resources in 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 physicians and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the kind of medical malpractice. Compensation damages are awarded to compensate the patient for the financial loss or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages can include the compensation for physical and mental anguish.

Medical malpractice claims are filed in state trial courts. There are a few instances where the lawsuit may be filed in federal courts. This is usually the situation when a doctor is employed by a federally-funded clinic such as the Veterans Administration, or when the doctor is a resident of other country, but practices in the United States as part of an agreement with extraterritorial authority.

Lawsuits claiming medical malpractice are mostly adversarial and require an extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence could also have to face a jury trial and risk the possibility of their claim being denied by a court or dismissed by a juror.

To be successful in a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a monetary award that covers your financial losses as well as emotional distress. In addition, New York medical malpractice laws have certain damages caps and other limitations on the amount which can be awarded to a person who successfully makes a claim.