5 Laws That Anyone Working In Medical Malpractice Litigation Should Know

Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and real threat to physicians. They can raise insurance costs and can alter medical practice.

In general doctors owe patients a duty to uphold accepted medical practices without any deviation or omission. This is referred to as the "standard of care.

To successfully to sue a doctor for negligence, the patient must demonstrate each of the following legal elements using the preponderance of evidence: breach of duty; causation; damages.

Duty of Care

The primary element in a Medical Malpractice Law Firm malpractice case is that the victim was owed a duty of a doctor which was not fulfilled. Medical malpractice claims differ from other types of negligence cases because they typically involve a patient-physician relationship that can be established by documents from a doctor or telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors could also be held responsible for the negligence or incompetence of their staff, for example, assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel working under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to meet the standards of care in the particular circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices, and the defendant's inability to follow these standards. The other element is that the breach directly harmed the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's death. This is known as proximate reason. For instance, if the alleged negligent treatment wouldn't have had an adverse effect on your health, regardless of whether it was done or not, you wouldn't be able claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their duty of care towards the client could be held accountable for negligence. In order to succeed in a medical negligence lawsuit, the injured person must prove four legal aspects that a duty of care or professional care was breached and the physician violated this obligation; the breach led to injury; and the result caused damages. The first aspect of a medical malpractice case revolves around the standard of care, which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or similar circumstances.

The breach of this obligation occurs when he or she deviates from the standard of care while providing treatment to the patient. If a doctor fractures the arm of a patient, he or she may fail to cast the arm correctly. The physician's failure to perform this obligation causes the broken part to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice cases are filed with state trial courts. However, in certain circumstances, federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Most states have a system of specialized state courts that handle the cases, although they have different rules of court procedure than federal district courts.

Causation

Physicians swear to not cause harm, and if they fail in their duty to uphold this obligation and cause injury, a patient may be entitled to compensation for damages. Medical malpractice claims can also be brought when a doctor administers a procedure with known risks, and the patient wouldn't have agreed to the procedure if they had been fully informed.

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

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, the attorneys on both sides spend significant time and resources preparing for the issue. This is one reason why malpractice claims are expensive for both the patient and the doctor involved, and is one of the reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Based on the nature of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for monetary losses and expenses resulted from the negligence of the doctor which includes loss of income or the cost of future medical treatments. Non-economic damages are compensation for physical pain as well as mental distress.

Medical malpractice claims are generally filed in a state trial court. There are some situations where a lawsuit can be filed in federal courts. This is usually the situation when the doctor is employed by a clinic that is funded by federal funds such as the Veteran's Administration or when the doctor is a resident of another country but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of alleged medical malpractice law firm negligence may also be required to go through a jury trial and may be in danger of having their claim rejected by a judge or rejected by a juror.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a monetary award that would cover your financial losses as well as emotional distress. In addition, New York medical malpractice laws have certain damage caps and other limits on the amount that may be awarded to a person who has a successful claim.