Four Elements of a Medical Malpractice Case

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

In general doctors owe patients a obligation to adhere to the medical malpractice law firm standards that are accepted without any deviation or exclusion. This is called the standard of care.

To sue a physician over malpractice, a patient must establish the following elements using a preponderance of proof: Medical Malpractice Lawsuit breach of duty, causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a duty to a doctor that was violated. Medical malpractice claims are different from other negligence cases in that they typically involve a patient-physician relationship, which is established by things like doctor's records or telephone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and practice.

Doctors could also be held liable for the incompetence or negligence of their staff members, like assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standard of care under the circumstances. This element can be proven with expert testimony about acceptable medical practices and the defendant's failure to follow these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's dereliction of duty and your injuries or loved one's untimely death. This is called proximate cause. For instance, if the negligent treatment claimed to be negligent would not have had an adverse effect on your health, regardless of whether or not it was performed or not, you aren't able to be awarded damages for any injuries, or wrongful death, that you believe was cause by the physician's behavior.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to win a medical malpractice lawsuit the victim must prove four things: that there was a duty to care, that the physician breached the obligation and that the breach caused injuries, and then the injury resulted in damages. The first part of a medical malpractice lawsuit centers around the standard of care which is determined by expert testimony. The standard of care is the amount an "reasonably cautious" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or her deviates from the normal care of the patient. If a doctor fractures the arm of a patient, they may not be able to cast the right way. The doctor's breach of this duty causes the injured arm to heal incorrectly, resulting in a complete or partial loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts, but under limited circumstances, federal courts may also hear these claims. The 94 federal districts courts across the United States each have a jury and judge panel that handles these cases. A majority of states have a system of state courts that specialize in the cases, although they have different rules of court procedure than federal district courts.

Causation

Physicians swear to protect their patients and should they violate this duty and cause harm the patient could be entitled to compensation for the damages. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks, and the patient would not have consented to the procedure if they had been fully informed.

The plaintiff in a medical malpractice lawyers negligence case must prove that the medical professional failed to act in accordance with accepted guidelines for practice, and that this negligence was a direct cause of the illness or medical malpractice lawsuit injury the patient suffered, and that the injury would not have happened but because of the negligence of the doctor. This burden of proof, known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony as well as lengthy discovery procedures prior to trial. Both sides invest a lot of time and resources in making preparations for a case whether it is settled or if it goes to court. This is why malpractice claims can be costly for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the type of medical negligence. Compensation damages compensate the victim for the financial losses or expenses caused by the doctor's negligence. This includes income loss and future medical costs. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice claims are generally filed in a state court of trial. However, there are some instances in which a lawsuit may be filed in federal court. This is typically when a doctor is employed at a federally funded clinic such as the Veterans' Administration, or where the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, as well as requests for documents. Patients who are accused of medical malpractice could also be subject to the stress of a jury trial and potentially be in danger of having their claim dismissed by a judge, or dismissed by a jury.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a financial settlement that will cover your financial losses as well as emotional distress. Additionally, New York medical malpractice laws provide for damages caps and other limitations on the amount that can be awarded to a patient who has a successful claim.