Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They increase insurance costs and can affect the way doctors practice.

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

To successfully to sue a doctor for negligence, the patient must show each of these legal elements by a preponderance of evidence: breach of duty; breach of duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was obliged to perform a duty by the doctor that was not met. Medical malpractice claims differ from other types of negligence cases in that they typically involve a doctor-patient relationship that can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

However, doctors can also be accountable for the wrongful actions of their staff members, such as assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff must then demonstrate that the defendant's actions didn't meet the standard care under the circumstances. This element can be proven through expert testimony on acceptable hamburg medical malpractice lawsuit practices and the defendant's failure to adhere to these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove malpractice the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This is referred to as proximate cause. For instance, if the negligence alleged by the defendant wouldn't have had an adverse impact on your health regardless of whether it was performed or not, you wouldn't be able to recover damages for any injuries or deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A doctor attorneys who fails to fulfill their obligation of professional care to a patient could be held accountable for negligent behavior. To prevail in a medical malpractice case the person who suffered must prove four elements: that there was a duty of medical care, that the physician breached the obligation and that the breach caused injury and finally the injury caused 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 defined as what would a "reasonably prudent" doctor would do in similar circumstances.

A physician breaches this duty when he or she deviates from standard care while treating the patient. If a doctor breaks the arm of a patient he or she may fail to cast the patient correctly. A doctor's error can cause the broken arm to heal improperly. This can lead to the loss of use, either in whole or in part of usage, and also financial damages.

In the majority of cases, medical malpractice claims are filed in state trial courts. However under certain circumstances federal courts may also take on these cases. The 94 federal districts courts across the United States each have a jury and judge panel that decides on these cases. A majority of states have special state courts that deal with these cases, but with different rules of court procedure than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail in their duty to uphold that duty and cause injury, a patient may be entitled to compensation for the damages. A vandalia medical malpractice law firm malpractice claim may also arise when a doctor chooses to perform a treatment which has known risks and the patient would have opted to not undergo the procedure had they been fully informed of all possible consequences.

In a medical malpractice case the plaintiff must show that the doctor did not act in accordance to accepted standards of practice. This failure was the sole cause of any injury or illness that the patient suffered, and the injury would never have occurred but because of the negligence of the physician. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. Whether the case is settled or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the case. This is the primary reason why malpractice claims are so costly for both the plaintiff and the medical professional involved, and it is one of the reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded compensatory or punitive damages, based on the nature of medical negligence. Compensatory damages compensate patients for financial losses and costs caused by the physician's negligence like loss of income or the expense of future medical treatment. Non-economic damages are compensation for physical pain and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are some situations where lawsuits can be filed in federal courts. This is typically the situation when a doctor is employed at a federally funded clinic, such as the Veteran's Administration, or where the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are usually adversarial and involve large amounts of legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of medical negligence might also have to face a jury trial and are at risk of their claim being denied by a judge, or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury in order to be awarded a lawsuit for medical malpractice. The injury must be significant enough that a cash award will significantly compensate for your financial losses as well as emotional stress. New York medical malpractice law also has damage caps, and other restrictions on the amount the patient could receive after proving a claim.