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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They could increase the cost of insurance for doctors and also alter the practice of medicine.

In general, doctors have an obligation to their patients to adhere to accepted medical malpractice law firm practices. This is referred to as the "standard of care.

To successfully claim a doctor's malpractice, an aggrieved patient must be able to prove each of the following legal elements by the preponderance of evidence: breach of duty; breach of duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the person who was injured was bound by a duty of the doctor that was violated. Medical malpractice cases differ from other types of negligence cases in that they typically involve a doctor-patient relationship, which is established through things like doctor's records or telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors can also be held liable for the negligence or incompetence of their staff members, like assistants or interns. They could also be held accountable for the actions of emergency personnel working under their supervision.

The plaintiff is then required to prove that the defendant's actions did not comply with the standard of care under the circumstances. This is only proven through expert testimony regarding acceptable medical practices, and the defendant's failure comply with these guidelines. The second aspect 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 omission of duty and your injuries or loved one's wrongful death. This is known as proximate causes. If, for instance the alleged negligent treatment did not have any negative impact on your health, irrespective of whether or not it was performed or not, you aren't able to claim damages for any injuries, or even wrongful death, that were allegedly caused by the behavior of the doctor.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal elements which include: a duty to provide professional care was in place and the doctor breached this obligation; the breach led to injuries; and the damage was a cause of damages. The standard of care is the primary component in a medical negligence case, and is determined by an expert's testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or similar circumstances.

A physician violates this duty in the event that he or she departs from the normal care of the patient. If a doctor fractures the arm of a patient he or she may fail to cast it correctly. The doctor's infraction of this obligation causes the broken arm to heal improperly, which results in partial or full loss of use and subsequent financial damages.

In the majority of instances, medical malpractice cases are filed with state trial courts. However in certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a system of special state courts that deal with these matters, albeit with different rules of court procedure than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail in their duty to uphold this obligation and cause injury patients may be entitled to compensation for the damages. Medical malpractice claims can also be brought when a doctor is performing a procedure that has known risks and the patient wouldn't have consented to the procedure if they had been fully informed.

In a medical malpractice lawsuit the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care was the sole cause of any illness or injury that the patient suffered, and the injury could not have occurred if not because of the doctor's negligence. The burden of proof, referred to as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. If the case settles or goes to trial, attorneys on both sides invest significant time and resources preparing for the case. This is a major reason why malpractice claims can be so costly for both the plaintiff and the doctor involved, and it is one of the reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the nature of medical negligence. Compensation damages compensate victims for financial losses and costs due to the negligence of the doctor, such as loss of income or the costs of future medical care. Non-economic damages include the compensation for physical pain and mental stress.

Medical malpractice claims are usually filed in a state court of trial. There are a few instances where a lawsuit can be filed in federal courts. It is usually the case when the doctor is employed by a federally funded clinic, like the Veteran's administration, or when the doctor is a resident of another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and may be at risk of having their claim dismissed by a judge or dismissed by a jury.

You must prove that medical negligence, or error was the cause of your injury to win a claim for medical malpractice. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses and emotional distress. New York medical malpractice law also includes certain damage caps, as well as limits on the amount an individual patient could be awarded after proving an claim.