The Most Pervasive Problems In Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They can raise insurance costs for doctors and alter medical practice.

In general, doctors owe patients the duty to uphold the medical standards that are accepted without deviation or the slightest omission. This is known as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must show each of these legal elements with a preponderance of the evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was violated. Medical malpractice claims are different from other types of negligence cases in that they usually involve a physician-patient relation, which can be established by documents from a doctor or phone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

However, doctors can also be accountable for the wrongful actions 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 plaintiff is then required to prove that the defendant's actions didn't conform to the standard of care in the circumstances. This is only proven through expert testimony about acceptable medical practices, and the defendant's reluctance to adhere to these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's dereliction of duty and your injury or loved one's untimely death. This is referred to as proximate cause. If, for instance the negligent treatment claimed to be negligent was not able to have an adverse impact on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to claim damages for any injuries, or wrongful death that was believed to be caused by the doctor's actions.

Breach of Duty

A doctor who does not fulfill their obligation of care to clients can be held liable for negligence. To win a medical negligence lawsuit, the injured party must demonstrate four elements: that there was a duty of medical care and that the doctor breached the duty, that the breach caused injury, and finally caused damage. The first aspect of a medical malpractice claim revolves around the standard of care which is determined through experts' testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would perform in the same or medical malpractice lawsuits similar circumstances.

The breach of this duty occurs when he/she does not adhere to the standard of care in rendering treatment to the patient. For instance, if 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 error can cause the injured arm to heal incorrectly. This could result in an incomplete or total loss 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 take on these cases. The 94 federal district courts across the United States each have a judge and jury panel that is responsible for hearing these cases. Most states have state courts that specialize in the cases, although they have different court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if medical professionals fail to perform their obligation to prevent harm. Medical malpractice claims can also arise when the doctor is performing a procedure that has known risks, and the patient would not have consented to the procedure if they had been fully informed.

The plaintiff in a medical negligence case must show that the doctor failed to follow accepted guidelines for practice, and that the doctor's negligence was the direct cause of the illness or injury the patient suffered and that the harm could not have occurred if it weren't for the physician's negligence. The burden of proof, known as "preponderance" of the evidence, is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery procedures. Both sides spend a lot of time and money preparing for a case, whether it is settled or goes to court. This is one of the main reasons why malpractice claims are costly to both the patient and the doctor involved, and is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

In the event of medical negligence, victims may be able to recover punitive and compensatory damages. Compensatory damages compensate patients for financial losses and costs caused by the negligence of a physician like loss of income or the expense of future medical malpractice law firms treatment. Non-economic damages include the payment of physical pain and mental anguish.

Medical malpractice claims are filed in state trial courts. However, there are instances where a lawsuit can be filed in federal court. This is typically the case when the doctor is employed by a federally funded clinic, like the Veteran's administration, or when the doctor is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and involve extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical malpractice law firm negligence might also have to endure a jury trial and are at risk of having their claim rejected by a judge, or dismissed by a juror.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The injury must be severe enough that a financial settlement will substantially compensate for your financial losses and emotional pain. New York medical malpractice law also has damages caps, as well as other limits to the amount that the patient could receive after proving an claim.