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 alter the medical practice.

In general, doctors owe patients the duty to uphold the medical standards that are accepted without any deviation or exclusion. This is called 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 with a preponderance of evidence: duty; breach of duty; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a duty to a doctor that was violated. Medical malpractice claims are different from other types of negligence claims in that they typically involve a doctor-patient relationship, which is established through things like doctor's records or phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and medical malpractice lawsuits practice.

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

The next thing a plaintiff needs to establish is that the defendant did not meet the standards of care under the circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's refusal to follow these standards. The other element is that the breach directly harmed the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's breach of duty and your injury, or your loved one's death. This concept is known as causal proximate. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health irrespective whether it was performed or not, you won't be able to recover damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their obligation of care to the client may be held accountable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care was in place and the doctor violated this obligation; the breach led to injury; and the injury was a cause of damages. The first part of a medical malpractice lawsuit is the standard of care that is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar or similar circumstances.

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

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances federal courts may also be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who hears these cases. Many states have a distinct system of state courts that handle these cases. However, they follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by doctors fail to fulfill their duty to do no harm. Medical malpractice claims can occur when a doctor decides to perform a procedure that has risks and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical negligence case must prove that the medical professional failed to follow accepted standards of practice, that this negligence was the primary cause of the injury or illness that the patient was suffering from and that the harm would not have happened but because of the negligence of the doctor. The burden of proof, referred to as "preponderance" of the evidence, is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a significant amount of time and resources in preparing for a case, whether it is settled or goes to court. This is one of the main reasons why malpractice claims are so expensive for Medical malpractice lawsuits both the plaintiff and the physician involved. It is one of the main reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Based on the nature of medical negligence, victims can recover compensatory and punitive damages. Compensation damages compensate the patient for the financial losses or costs resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages include the payment of physical pain and mental anguish.

medical malpractice law firms malpractice lawsuits are typically filed in a state court of trial. However, there are certain situations where a lawsuit could be filed in federal court. It is usually the case when a doctor is employed by a federally-funded medical clinic, like the Veteran's administration, or if the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require large amounts of legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical malpractice could also be subject to the stress of a jury trial and may face the threat of having their claim dismissed by a judge or dismissed by a jury.

You must prove that medical negligence, or error was the cause of your injury to be able to make a claim for medical malpractice. The injury must be severe enough to warrant a financial award that would cover your financial losses as well as emotional trauma. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that could be awarded to a patient who successfully makes a claim.