Incontestable Evidence That You Need Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can raise insurance costs for doctors as well as alter the way they practice medicine.

In general, Medical Malpractice Lawsuit doctors have the obligation to their patients to adhere to accepted medical practices. This is referred to as the "standard of care.

To sue a doctor for malpractice, a patient must demonstrate the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The most important element in a medical malpractice case is that the person injured was owed a duty to a doctor that was breached. Medical malpractice cases differ from other types of negligence claims in that they often involve a physician-patient relation, which can be established by documents from a doctor or phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be held accountable for the negligence of their employees, such as interns or assistants. They could also be held accountable for the actions of emergency personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standard of care in the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's inability to adhere to these standards. The second element of malpractice is that the breach directly caused harm to the patient. To prove this, your lawyer must show that there is a direct link and causal relationship between the defendant's omission of duty and your injury or your loved one's untimely death. This is referred to as proximate causation. If, for instance, the negligent treatment claimed to be negligent was not able to have a negative effect on your health, regardless of whether or not it was performed, you won't be able claim damages for any injuries or death that was believed to be caused by the behavior of the doctor.

Breach of Duty

A doctor who fails to fulfill their obligation of care to the client may be held accountable for their negligence. In order to succeed in a medical negligence case, the victim must prove four legal elements which include: a duty to provide professional care was in place; the physician breached this duty; the breach caused injury; and the injury was a cause of damages. The first element of a medical malpractice lawsuit is the standard of care which is determined by experts' testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or her deviates from standard care while treating the patient. For instance, if the physician breaks a patient's arm and does not correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm to heal in a wrong way. This can lead to the loss of use, either in whole or in part of use and financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances, federal courts can also hear these claims. The 94 federal districts courts across the United States each have a jury and judge panel that handles these cases. The majority of states have a system of state courts that are specialized to handle the cases, although they have different rules for court procedure than federal district courts.

Causation

Physicians swear to do no harm, and if they fail to uphold the oath and cause injury the patient could be legally entitled to compensation for their losses. A medical malpractice lawsuit could also arise when a doctor chooses to perform a treatment that carries known risks, and the patient would have declined the procedure had they been fully aware of all potential consequences.

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

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery processes. Both sides spend a lot of time and money making preparations for a case whether it is settled or if it is a court case. This is the reason why malpractice claims can be costly for both the plaintiff and physician involved. It is also one of the main reasons why physicians and health care groups support efforts to reform the tort laws in the United States.

Damages

In the event of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate victims for financial losses and costs resulted from the negligence of the doctor which includes loss of income or costs of future medical care. Non-economic damages can include the compensation for physical and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are a few instances where lawsuits 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 Veterans Administration, or when the doctor is from another country, but is working in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are usually adversarial and require an extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of medical negligence may also be required to go through a jury trial and risk the possibility of their claim being denied by a court or dismissed by a juror.

You must demonstrate that medical negligence or error was the cause of your injury to win a case for medical negligence. The injury must be severe enough to warrant a financial award that covers your financial losses and emotional stress. New York medical malpractice law also has specific damages caps and limits on the amount the patient could receive when they are successful in bringing an appeal.