Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They can increase the cost of insurance for doctors and alter the practice of medicine.

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

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must prove each of the following legal elements using a preponderance of evidence: breach of that obligation; causation; damages.

Duty of Care

The first aspect of a medical malpractice case is that the party who suffered was bound by a duty of the doctor who was not fulfilled. In contrast to other types of negligence cases Medical malpractice claims typically involve the existence of an established relationship between the doctor and patient. This is established through things such as doctor's medical records and telephone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and practice.

Doctors may be held accountable for the incompetence or negligence of their staff, including assistants and interns. Furthermore, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then establish that the defendant's actions did not conform to the standard of care in the circumstances. This is only proven through expert testimony on acceptable medical practices and the defendant's reluctance to comply with these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove that you have committed a crime your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or death of a loved one. This concept is known as the proximate cause. For instance, if the negligent treatment claimed to be negligent would not have had an adverse effect on your health, irrespective of whether or not it was done or not, you aren't able to be awarded damages for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to win a sawmills medical malpractice attorney malpractice suit the victim must prove four elements: that there was a duty of care and the doctor breached the duty and the breach caused injury, and that the injury caused 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 a "reasonably cautious" doctor would do in similar or identical circumstances.

A physician breaches this duty when he or she strays from the standard of care when treating the patient. If a doctor fractures the arm of a patient they may not be able to cast the arm correctly. A breach by a doctor can make the broken arm heal incorrectly. This can lead to an incomplete or total loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, but under certain conditions federal courts may take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have state courts that are specialized to handle the cases, although they have different rules for court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if the doctor fails to meet their duty to do no harm. A medical malpractice claim could occur when a physician decides to administer a procedure that has risks and the patient could have refused the procedure had they been fully aware of all potential consequences.

The plaintiff in a savannah medical malpractice Attorney malpractice case must prove that the medical professional failed to adhere to accepted standards of practice, that the doctor's negligence was a direct cause for the injury or illness that the patient suffered and that the ailment could not have occurred except because of the negligence of a physician. This burden of proof, referred to as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and lengthy discovery procedures prior to trial. If the case settles or goes to trial, attorneys on both sides spend significant time and montclair medical malpractice lawsuit resources preparing for the case. This is one reason that malpractice claims are costly for both the plaintiff and the auburn medical malpractice lawsuit professional involved. It is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the type of medical malpractice. Compensation damages are awarded to compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages may include the payment of physical and mental suffering.

Medical malpractice lawsuits are usually filed in a state court of trial. There are instances when an action can be filed in federal courts. This is typically the case when the doctor is employed by a federally-funded medical clinic, like the Veteran's administration, or in the case of a doctor who is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Legal actions involving medical malpractice are mostly adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of medical negligence might also have to go through a jury trial and are at risk that their claim will be rejected by a court or dismissed by a jury.

You must establish that medical negligence or mistake caused your injury in order to be awarded a lawsuit for medical malpractice. The injury must be serious enough to warrant a monetary payment that will compensate you for your financial losses and emotional stress. Additionally, New York medical malpractice laws have certain damage caps and other limits on the amount which can be awarded to a patient who has a successful claim.