25 Unexpected Facts About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can increase insurance costs for doctors and alter the way they practice medicine.

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

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

Duty of Care

The primary element of a medical malpractice case is that the injured party was bound by a duty of the doctor that was not met. Medical malpractice claims are different from other negligence cases because they often involve a physician-patient relationship, which is established by things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to accepted guidelines in their field and practice.

Doctors could be held accountable for the negligence or incompetence of their staff members, including assistants and interns. They may also be held accountable for the actions of emergency personnel under their supervision.

The next thing the plaintiff must prove is that the defendant did not meet the standards of care in the specific circumstances. This element is only able to be proved through expert testimony about acceptable medical practices, and the defendant's inability to adhere to these guidelines. The second element is that the breach directly harmed the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's dereliction of duty and your injury or your loved one's untimely death. This is referred to as proximate cause. For instance, if an negligent treatment alleged to have caused the injury would not have had a negative effect on your health, regardless of whether it was done or not, then you wouldn't be able claim damages for any injuries or deaths that were believed to have been caused by the physician's conduct.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient could be held accountable for negligent behavior. To win a medical malpractice claim, the patient must prove four legal aspects: a duty of professional care was breached and the doctor violated this obligation; the breach led to injury; and the result was a cause of damages. The standard of care is the main aspect in a medical malpractice case, and it's determined by expert testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or identical circumstances.

The physician's breach of this obligation occurs when he or she does not adhere to the standard of care while rendering treatment to the patient. For instance, when a physician breaks the arm of a patient, 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 result in either a complete or partial loss of usage, and also financial damages.

In the majority of instances, medical malpractice cases are filed with state trial courts. However in certain situations federal courts can take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Many states have a distinct system of state courts that deal with these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

Physicians swear to do no harm, and if they fail to uphold this duty and cause harm, a patient may be entitled to compensation for the damages. A medical malpractice claim could 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 show that the doctor did not act in accordance with accepted standards of practice. This failure was the sole cause of any illness or injury suffered by the patient and the injury could not be the case if it wasn't for the physician’s negligence. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.

The lawsuits that allege medical malpractice usually include expert witnesses and lengthy pretrial discovery procedures. Both sides spend a lot of time and resources in preparing for a case, whether it's settled or if it goes to court. This is why malpractice lawsuits can be expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

In the event of medical malpractice law firms negligence, victims can recover compensatory and punitive damages. Compensation damages compensate victims for monetary losses and expenses caused by the negligence of a physician which includes loss of income or expense of future medical Malpractice law Firms treatment. Non-economic damages are compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are some instances in which a lawsuit may be filed in federal court. This is usually the case when a doctor is employed at a federally funded facility like the Veteran's Administration, or when the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve an extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical negligence may also be required to face a jury trial and are at risk of their claim being rejected by a judge or rejected by a jury.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The damage must be severe enough to warrant a financial payment that will compensate you for your financial losses as well as emotional trauma. New York medical malpractice law also has certain damage caps, as well as limitations on the amount the patient could receive after proving claims.