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 practice of medicine.

In general, doctors have a duty to their patients to follow accepted medical practices. This is referred to as the standard of care.

To successfully claim a doctor's malpractice, the patient must be able to prove each of the following legal elements with the preponderance evidence: breach of duty, breach of duty; causation; damages.

Duty of Care

The most important element of a clanton medical malpractice law firm negligence claim is that the injured party was obliged to perform a duty by the doctor that was not met. Unlike some types of negligence cases duvall medical malpractice law Firm malpractice claims usually require the relationship between a doctor and duvall medical malpractice law Firm patient, which can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be liable for the negligence of their staff members, including assistants or interns. They can also be held responsible for the actions of emergency personnel who are under their supervision.

The plaintiff must then show that the defendant's actions did not adhere to the standard of medical care in the circumstances. This can only be proven by expert testimony about acceptable medical practices, and the defendant's refusal to follow these guidelines. The second factor is that the breach directly harmed the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's breach of duty and your injuries or loved one's untimely death. This concept is known as proximate causation. For instance, if the alleged negligent treatment wouldn't have had a negative effect on your health irrespective whether it was executed or not, you won't be able claim damages for any injuries or deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient could be held accountable for negligence. To prevail in a medical negligence lawsuit the plaintiff must demonstrate four elements: that there was a duty to care and that the doctor breached the obligation, that the breach resulted in injury, and that the injury caused damages. The standard of care is the first component in a medical negligence case, and is determined by an expert's testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or identical circumstances.

A physician is in breach of this duty when he or her deviates from standard care while treating the patient. If a doctor fractures the arm of a patient the doctor may fail to cast the arm correctly. A breach by the doctor causes the broken arm heal incorrectly. This could result in either a complete or partial loss of use and financial damages.

In the majority of instances, medical malpractice cases are filed in state trial courts. However in certain situations, federal courts can also take on these cases. The 94 federal districts courts across the United States each have a judge and jury panel that decides on these cases. Most states have a specialized system of state courts that deal with the issues. However, they follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by doctors fail to fulfill their duty to do no harm. A medical malpractice claim may occur when a doctor decides to administer a procedure which has known risks and the patient could have refused the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician did not act in accordance with accepted standards of practice, that the failure was the direct cause of the injury or illness that the patient was suffering from and that the injury would not have happened but because of the negligence of a physician. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, the attorneys from both sides spend significant time and resources preparing for the issue. This is why malpractice lawsuits can be costly for both the plaintiff and physician involved. It is one of the primary 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, the victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses resulted from the negligence of the doctor for example, loss of income or costs of future medical care. Non-economic damages include the payment of physical pain and mental stress.

Medical malpractice lawsuits are usually filed in a state trial court. However, there are situations where a lawsuit could 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 working in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence may also be required to endure a jury trial and are at risk of having their claim rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or error caused your injury to win a case for medical negligence. The damage must be serious enough that a financial settlement would substantially make up for your financial losses as well as emotional distress. New York medical malpractice law also has certain damages caps and limits on the amount patients can be awarded should they be successful in filing an claim.