Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They can increase insurance costs and can alter the medical practice.

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

To sue a doctor over negligence, the patient must be able to prove the following elements by a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The most important element of a medical malpractice claim is that the injured party was owed a duty by the doctor who was not fulfilled. In contrast to other types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which can be established through things such as doctor's Siloam Springs Medical Malpractice Lawsuit records and telephone consultations. In general, physicians who treat patients must adhere to the accepted standards in their profession and practice.

However, doctors could also be held accountable for the actions of their employees, such as interns or assistants. Furthermore, they can be held accountable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff has to prove is that the defendant failed to meet the standard of care in the particular circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these standards. The second element is that the breach directly injured the patient. To prove that you have committed a crime the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or the death of your loved one. This is called proximate cause. If, for instance the alleged negligent treatment could not have had a negative effect on your health, regardless of whether or not it was performed by a physician, you will not be able claim damages for any injuries, or even wrongful death that was believed to be cause by the physician's behavior.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. In order to be successful in a medical malpractice lawsuit, the injured person must prove four legal elements which include: a duty to provide professional care was in place and the doctor violated this obligation; the breach led to injury, and the injury caused damages. The first aspect of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would perform in the same or similar circumstances.

The physician's breach of this obligation is when he or she deviates from the standard of care in rendering treatment to the patient. For instance, if the doctor breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal improperly, resulting in a complete or partial loss of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, however in certain circumstances federal courts may consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Most states have a specialized system of state courts that handle these issues. However, they are subject to different rules for court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and when they fail to fulfill this duty and cause harm patients may be entitled to compensation for any damages. A medical malpractice claim could also arise if the doctor administers a procedure with known risks and the patient would not have consented to the procedure if they had been fully informed.

The plaintiff in a medical negligence case must prove that the doctor did not adhere to accepted standards of practice, that this negligence was a direct cause of the injury or illness the patient was suffering from, Vimeo and that the injury could not have occurred if it weren't because of the negligence of a physician. This burden of proof is referred to as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, lawyers on both sides have to spend substantial time and resources in preparation for the issue. This is one reason why malpractice claims can be so expensive for both the plaintiff and the doctor involved, and it is one of the reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the nature of medical malpractice. Compensation damages compensate the victim for the financial losses or expenses caused by the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages include compensation for physical pain as well as mental stress.

Medical malpractice claims are usually filed in a state court of trial. However, there are situations in which a lawsuit may be filed in federal court. This is typically the situation where a doctor works at an institution that is funded by federal funds such as the Veteran's Administration, or if the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are largely adversarial in nature and require significant legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Patients who are accused of lighthouse point medical malpractice law firm malpractice might also have to deal with the pressure of the jury trial, and possibly be at risk of being denied their claim by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be serious enough to warrant a monetary award that would cover your financial losses and emotional pain. Furthermore, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount which can be awarded to a person who is successful in filing a claim.