Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can raise insurance costs for doctors and also alter the way they practice medicine.

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

To sue a physician for malpractice, the patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The most important element of a medical malpractice claim is that the person who was injured was owed a duty by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This is established through things such as doctor's medical records and telephone consultations. In general, Medical malpractice doctors who treat their patients must adhere to the accepted standards of their profession and practice.

Doctors can also be held liable for the incompetence or negligence of their staff members, for example, assistants or interns. They may also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff then has to prove that the defendant's actions didn't conform to the standard of care in the circumstances. This is only able to be proved through expert testimony about acceptable medical malpractice law firm practices and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that this breach directly harmed the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's failure to perform his duty and your injury, or your loved one's untimely death. This is called proximate cause. For instance, if the negligent treatment alleged to have caused the injury would not have had an adverse impact on your health, regardless of whether it was done or not, you would not be able to claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient may be held accountable for negligent behavior. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects which include: a duty to provide professional care was owed and the doctor breached this duty; the breach caused injuries; and the damage was a cause of damages. The first aspect of a medical malpractice claim revolves around the standard of care which is determined through expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. If a physician breaks the arm of a patient, he or she may fail to cast the right way. The physician's failure to perform this duty causes the injured arm to heal improperly, which results in partial or full loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have a specialized system of state courts that deal with the issues. However, they follow different rules for court procedures than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by the doctor fails to meet their obligation to not cause harm. A medical malpractice claim may occur when a doctor opts to carry out a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not comply with accepted guidelines for practice, and that the doctor's negligence was a direct cause for the injury or illness that the patient suffered and that the injury would not have happened but because of the negligence of a physician. The burden of proof, known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery procedures. Both sides invest a significant amount of time and money the preparation of a case, whether it is settled or if it is a court case. This is why malpractice lawsuits can be costly for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care organizations support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses caused by the negligence of a physician for example, loss of income or cost of future medical care. Non-economic damages are the compensation for physical pain and mental stress.

Medical malpractice claims are usually filed in a state court of trial. There are a few instances where lawsuits can be filed in federal courts. This is typically the case when a doctor is employed by a clinic that is funded by federal funds such as the Veteran's Administration, or when the doctor is a resident of another country but practices in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are mostly adversarial and require large amounts of legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical malpractice might also have to deal with the stress of a jury trial and potentially be in danger of having their claim dismissed by a judge or dismissed by jurors.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a financial payment that will compensate you for your financial losses as well as emotional distress. Furthermore, New York medical malpractice laws have specific damage caps as well as other limits on the amount that can be awarded to a patient who is successful in bringing a claim.