Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can raise insurance costs and can affect the practice of medicine.

In general, doctors are under a duty to their patients to follow accepted medical practices. This is called the standard of care.

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

Duty of Care

The first aspect of a medical malpractice claim is that the injured party was owed a duty by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often require a relationship between doctor and patient. This can be established through things such as doctor's Medical Malpractice Law Firms records and telephone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff members, including assistants and interns. In addition, they could be held accountable for the actions of emergency medical personnel who are working under their supervision.

The next element that a plaintiff has to prove is that the defendant did not meet the standard of care in the circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's failure to adhere to these standards. The second factor is that the breach directly injured the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's breach of duty and your injury, or your loved one's wrongful death. This concept is known as the proximate cause. For instance, if the negligent treatment you claim to have received would not have had a negative effect on your health, regardless of whether or not it was performed, you won't be able claim damages for any injuries or death, that were allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails to fulfill his or her duty 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 establish four elements: a duty of care existed, that the physician breached the obligation, that the breach caused injury, and that the injury caused damages. The standard of care is the first element in a medical malpractice case, and it's determined by the testimony of an expert. The standard of care is the amount an "reasonably prudent" doctor would do under similar or medical malpractice law firms identical circumstances.

A doctor is in violation of this obligation when he or she deviates from the norm of care while treating the patient. If a doctor breaks the arm of a patient the doctor may fail to cast the patient correctly. The doctor's infraction of this obligation causes the broken arm to heal improperly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, but in certain circumstances federal courts can also take on these cases. The 94 federal district courts across the United States each have a judge and jury panel that is responsible for hearing these cases. A majority of states have a system of specialized state courts that handle these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if a physician fails to fulfill their duty to do no harm. A medical malpractice claim could occur when a doctor opts to carry out a procedure that has risks and the patient would have opted to not undergo the procedure if they had been fully informed of all possible consequences.

In a lawsuit for medical malpractice, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This negligence must have been the direct cause of any injury or illness that the patient suffered, and the injury could not have occurred but for the physician’s negligence. This burden of proof, known as "preponderance" of evidence is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, attorneys on both sides invest considerable time and resources in preparing for the matter. This is why malpractice claims can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons that doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Depending on the kind of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs caused by the negligence of a physician for example, loss of income or the expense of future medical treatment. Non-economic damages are compensation for physical pain as well as mental anxiety.

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

Legal actions involving medical malpractice law firms malpractice are mostly adversarial and involve large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence may also be required to endure a jury trial and are at risk of their claim being rejected by a judge or dismissed by a jury.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The harm must be serious enough that a cash award will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damage caps, and other limitations on the amount an individual patient could be awarded if they successfully make an claim.