Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can increase insurance costs and may alter the medical practice.

In general doctors owe their patients the obligation to follow accepted medical practices without any deviation or omission. This is called the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, an aggrieved patient must prove each of the following legal elements with the preponderance of evidence: breach of duty; breach of duty; causation; damages.

Duty of Care

The primary element of a medical negligence claim is that the person who was injured was legally obligated by the doctor that was not met. Medical malpractice claims differ from other types of negligence cases in that they typically involve a patient-physician relationship that can be established by things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors could also be held liable for the incompetence or negligence of their staff, such as interns or assistants. They could also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff must then show that the defendant's actions did not conform to the standard of care in the circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to adhere to these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's breach of duty and your injury, Medical Malpractice lawsuit or your loved one's untimely death. This concept is known as the proximate cause. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health, regardless of whether it was performed or not, you wouldn't be able to win 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 does not fulfill their duty of care towards the client could be held accountable for their negligence. To succeed in a medical negligence claim, the patient must prove four legal aspects which include: a duty to provide professional care was owed and the physician violated this obligation; the breach led to injury, and the injury was a cause of damages. The primary element of a medical malpractice lawsuit centers around the standard of care which is determined by experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would perform in the same or similar circumstances.

A doctor is in violation of this obligation when he or her deviates from the normal care of the patient. For instance, if the doctor breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This can lead to either a complete or partial loss of use and financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances, federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. The majority of states have a special system of state courts that handle the issues. They do however, follow different rules of court procedures than federal district courts.

Causation

A patient may be entitled compensation for damages if a physician fails to fulfill their duty to do no harm. A medical malpractice lawsuit could occur when a doctor decides to administer a procedure that is associated with risks and the patient would not have opted out of the procedure if fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional failed to comply with accepted standards of practice, that the failure was the primary cause of the injury or illness that the patient was suffering from, and that the injury would not have occurred but for the physician's negligence. The burden of proof, known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, the attorneys from both sides spend significant time and resources preparing for the issue. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health care groups support efforts to change tort laws in the United States.

Damages

Victims can receive compensation or punitive damages based on the nature of medical negligence. Compensation damages compensate the victim for the financial losses or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include the compensation for physical pain and mental distress.

Medical malpractice claims are generally filed in a state court of trial. There are instances when a lawsuit 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 from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require significant legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of alleged medical negligence could also have to go through a jury trial and risk the possibility of their claim being rejected by a judge, or dismissed by a jury.

To be successful in a medical malpractice lawyer malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be severe enough that a cash award is sufficient to cover your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have specific damages caps and other limitations on the amount which can be awarded to a patient who has a successful claim.