"Ask Me Anything": Ten Responses To Your Questions About Medical Malpractice Litigation

Four Elements of a amarillo medical malpractice attorney Malpractice Case

Malpractice lawsuits are a real and significant threat to doctors. They can increase the cost of insurance for doctors and alter the practice of medicine.

In general doctors owe patients a duty to uphold the medical standards that are accepted without deviation or infraction. This is referred to as the standard of care.

To successfully sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements using the preponderance of evidence: breach of duty; causation; damages.

Duty of Care

The first element of a medical malpractice claim is that the victim was owed a duty by the doctor that was not met. In contrast to other types of negligence cases, medical malpractice claims often require a physician-patient relationship, which can be established by means like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

Doctors may also be held responsible for the incompetence or negligence of their staff members, for example, assistants or attorneys interns. They could also be held responsible for the actions of emergency personnel working under their supervision.

The plaintiff then has to establish that the defendant's actions didn't meet the standard care under the circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's refusal to comply with these guidelines. The second aspect of malpractice is that this breach directly harmed the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's dereliction of duty and your injuries or loved one's untimely death. This is referred to as proximate causation. For example, if the negligent treatment alleged to have caused the injury would not have had a negative impact on your health irrespective of whether it was done or not, you won't be able claim damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care to a client can be held accountable for their negligence. To prevail in a medical malpractice case, the victim must prove four legal elements which include: a duty to provide professional care was in place and the doctor violated this obligation; the breach led to injury; and the result caused damages. The standard of care is the first aspect in a medical malpractice case, and it is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in the same or similar circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a doctor fractures the arm of a patient they might fail to cast the right way. A doctor's breach causes the broken arm to heal improperly. This could result in either a complete or partial loss of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain conditions, federal courts may also be able to hear these cases. 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 system of state courts that are specialized to handle these cases, but with different court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail to uphold the oath and cause injury, the patient may be entitled to compensation for damages. Medical malpractice claims can also be brought when a physician performs a procedure that is associated with known risks and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a case of medical malpractice must prove that the medical professional did not adhere to accepted guidelines for practice, and that this failure was a direct cause for the illness or injury the patient was suffering from and that the harm would not have occurred but because of the negligence of a physician. The burden of proof, also known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert witnesses and lengthy pretrial discovery procedures. If the case settles or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the case. This is the primary reason that malpractice claims are expensive for both the plaintiff and the medical professional affected, and is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the nature of medical malpractice. Compensatory damages pay for financial losses and expenses resulted from the negligence of the doctor, such as loss of income or cost of future medical care. Non-economic damages include compensation for mental and physical suffering.

Medical malpractice lawsuits are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. It is usually the case when doctors are employed by a federally-funded clinic such as the Veteran's 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 that confers extraterritorial authority.

Lawsuits alleging medical malpractice are largely adversarial in nature and require an extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical negligence could also have to go through a jury trial and may be in danger of having their claim rejected by a judge or rejected by a juror.

You must demonstrate that medical negligence or mistake caused your injury to win a claim for medical malpractice. The injury must be severe enough that a cash award will significantly compensate for your financial losses and emotional stress. Furthermore, New York medical malpractice laws provide for damages caps and other limitations on the amount that may be awarded to a patient who is successful in filing a claim.