Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They can raise insurance costs for physicians and change the medical practice.

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

To successfully to sue a doctor for malpractice, an aggrieved patient must demonstrate each of the following legal elements with a preponderance of the evidence: duty; breach of that duty; causation; damages.

Duty of Care

The primary element of a medical malpractice case is that the person who was injured was bound by a duty of the doctor that was breached. Medical malpractice claims are different from other types of negligence claims in that they often involve a physician-patient relationship, which can be established through things like doctor's records or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

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

The next element that a plaintiff has to prove is that the defendant did not adhere to the standard of care in the circumstances. This is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's reluctance to follow these guidelines. The second element is that the breach directly hurts the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's omission of duty and your injury or loved one's untimely death. This is referred to as proximate cause. If, for instance, the alleged negligent treatment could not have had an adverse effect on your health, regardless of whether or medical malpractice lawsuits not it was done, you won't be able be awarded damages for any injuries, or wrongful death, that were allegedly caused by the doctor's conduct.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient can be held accountable for negligent behavior. To prevail in a medical malpractice suit, the injured party must prove four things: that there was a duty of medical malpractice law firms care, that the physician breached the duty, that the breach resulted in injury, and medical malpractice lawsuits that the injury caused damage. The standard of care is the most important aspect in a medical malpractice case, and is determined by the testimony of an expert. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or she strays 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 arm correctly. The doctor's breach of this duty causes the injured arm to heal improperly, resulting in a complete or partial loss of use and subsequent financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts can consider these claims. 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 state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.

Causation

Doctors swear to avoid harm, and should they violate the oath and cause injury the patient could be entitled to compensation for damages. A medical malpractice claim could be brought up when a doctor opts to carry out a procedure that has risks and the patient could have refused the procedure if fully informed of the possible consequences.

In a case of medical malpractice the plaintiff must show that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the main cause of any injury or illness that the patient suffered, and the injury could not have occurred if not because of the negligence of the physician. The burden of proof, also known as "preponderance" of evidence is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery procedures. Both parties invest a lot of time and resources in the preparation of a case, whether it's settled or if it is a court case. This is why malpractice claims can be costly for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the type of medical malpractice attorney negligence. Compensation damages compensate the patient for the financial losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages are compensation for physical pain and mental anguish.

Medical malpractice claims are usually filed in a state trial court. There are some situations where the lawsuit may be filed in federal courts. This is typically where a doctor is employed by a federally funded facility, such as the Veteran's Administration, or when the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and involve an extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice will also have to bear the pressure of an open jury trial and could be at risk of being denied their claim by a judge or dismissed by a jury.

You must prove that medical negligence or mistake caused the injury you suffered to win a case for medical negligence. The harm must be serious enough that a financial award will significantly compensate for your financial losses and emotional distress. Furthermore, New York medical malpractice laws have specific damages caps and other limitations on the amount that could be awarded to a patient who is successful in filing a claim.