The No. One Question That Everyone Working In Medical Malpractice Litigation Should Be Able To Answer

Four Elements of a Medical Malpractice Case

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

In general doctors owe their patients the obligation to follow the medical standards that are accepted without deviation or omission. This is referred to as the standard of care.

To successfully claim a doctor's negligence, the patient must prove each of the following legal elements by the preponderance evidence: breach of duty; breach of that obligation; causation; damages.

Duty of Care

The first element of a medical malpractice lawyers malpractice case is that the victim was legally obligated by the doctor that was breached. Medical malpractice claims differ from other types of negligence claims in that they usually involve a physician-patient relationship, which can be established by documents from a doctor or phone consultations. In general, physicians who treat patients must adhere to the accepted standards in their profession and practice.

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

The next element the plaintiff must prove is that the defendant failed to adhere to the standard of care in the particular circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical practices and the defendant's inability to follow these standards. The other element is that the breach directly hurts the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as proximate causation. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health, regardless of whether it was performed or not, you won't be able to claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

A doctor who fails to meet his or her obligation of professional care to a patient can be held accountable for negligence. To prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects which include: a duty to provide professional care was breached; the physician breached this duty; the breach caused injury, and the injury led to damages. The first aspect of a medical malpractice lawsuit revolves around the standard of care which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician breaches this duty in the event that he or she departs from standard care while treating the patient. For instance, if the doctor breaks a patient's arm when he is not able to properly set the arm or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal improperly, resulting in the complete or partial loss of use and subsequent financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts may also hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that hears these cases. A majority of states have a system of state courts that handle the issues. However, they follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to not cause harm, and if they fail in their duty to uphold this duty and cause harm patients may be entitled to compensation for damages. A medical malpractice lawsuit could occur when a doctor decides to perform a procedure that carries known risks, and the patient would have declined the procedure if fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit (click here now) must prove that the medical professional did not adhere to accepted guidelines for practice, and that this failure was the direct cause of the illness or injury the patient was suffering from and that the injury would not have happened but due to the negligence of the doctor. This burden of proof, also known as "preponderance" of evidence, is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery proceedings. If the case settles or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the matter. This is one of the main reasons why malpractice claims are so costly for both the plaintiff and the doctor involved. It is one of the main reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Based on the nature of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages are awarded to compensate the patient for the financial losses or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages include compensation for mental and physical anguish.

Medical malpractice lawsuits are typically filed in a state court of trial. There are some situations where a lawsuit can be filed in federal courts. This is typically the situation where a doctor is employed by an institution that is funded by federal funds like the Veteran's Administration, or where the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve an extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice could also be subject to the pressure of a jury trial and potentially face the threat of having their claim rejected by a judge, or dismissed by the jury.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional pain. Furthermore, New York medical malpractice laws provide for damage caps as well as other limits on the amount which can be awarded to a patient who is successful in filing a claim.