Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for physicians and change the medical practice.

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

To sue a physician for negligence, the patient must demonstrate the following elements with a majority: breach of duty, duty of duty, causation, and damages.

Duty of Care

The most important element in a medical malpractice case is that the victim was owed a duty to a doctor that was breached. Medical malpractice cases differ from other negligence claims in that they often involve a physician-patient relationship, which is established through documents from a doctor or phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors could be held accountable for the actions of their staff members, including assistants or interns. They may also be held accountable for the actions of emergency personnel under their supervision.

The next element the plaintiff must prove is that the defendant did not meet the standard of care under the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical procedures and the defendant's failure to follow these standards. The second element is that the breach directly affected the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's breach of duty and your injuries or loved one's wrongful death. This is referred to as the proximate cause. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health, regardless whether it was executed or not, then you wouldn't be able to recover 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 perform their duty of professional care to a patient may be held accountable for negligence. To prevail in a medical negligence lawsuit the victim must prove four things: that there was a duty of care and the doctor breached the duty, that the breach resulted in injuries, and then the injury caused damages. The standard of care is the most important aspect in a boaz medical malpractice law firm malpractice case, and is determined by the testimony of an expert. The standard of care is what an "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this obligation occurs when he or she deviates from the standard of care while rendering treatment to the patient. If a physician breaks the arm of a patient he or she may fail to cast the patient correctly. The doctor's lapse in obligation causes the broken arm to heal improperly, which results in partial or full loss of use and subsequent financial damages.

In the majority of instances, medical malpractice cases are filed in state trial courts. However in certain circumstances federal courts can hear 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 special state courts that deal with the cases, although they have different rules for court procedure than federal district courts.

Causation

Physicians take an oath to not cause harm, and if they fail to uphold this duty and cause harm, a patient may be entitled to compensation for any damages. A medical malpractice claim may also arise when a doctor is performing a procedure that has known risks, and the patient wouldn't have agreed to the procedure had they been fully informed.

The plaintiff in a case of medical malpractice must prove that the doctor did not comply with accepted standards of practice, that this negligence was the primary cause of the illness or injury the patient suffered, and that the injury could not have occurred except because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and resources in making preparations for a case whether it settles or if it goes to court. This is why malpractice lawsuits can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Victims can be awarded punitive or compensatory damages depending on the nature of medical malpractice. Compensatory damages compensate the patient for the financial loss or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages are compensation for physical pain as well as mental anguish.

Medical malpractice claims are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. This is usually the situation when doctors are employed by a federally-funded clinic such as the Veteran's Administration or in the case of a doctor who is from another country but is practicing 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, wiki.conspiracycraft.net written interrogatories, and Vimeo.com requests for production of documents. The victims of medical negligence may also have to stand trial before a jury and are at risk of having their claim rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury in order to be awarded an action for medical malpractice. The injury has to be severe enough to warrant a monetary settlement that will cover your financial losses as well as emotional stress. New York medical malpractice law also includes certain damage caps, and other limits on the amount patients can be awarded if they successfully make a claim.