Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They drive up physician insurance costs and can affect the medical practice.

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

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

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was violated. In contrast to other types of negligence cases Medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which can be established through things such as doctor's medical records and telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

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

The plaintiff has to prove that the defendant's actions didn't comply with the standard of care under the circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's inability to follow these standards. The second factor is that the breach directly harmed the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's breach of duty and your injury, or your loved one's wrongful death. This is called proximate cause. If, for example, the negligent treatment claimed to be negligent did not have a negative effect on your health, irrespective of whether or not it was performed, you won't be able claim damages for any injuries, or even wrongful death, that you believe was caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their duty of care to a client can be held responsible for negligence. To win a medical malpractice lawsuit the plaintiff must prove four elements: that there was a duty of white bear lake medical malpractice lawsuit care and that the doctor breached the obligation and the breach resulted in injury and finally the injury caused damage. The standard of care is the most important aspect in a medical wrongful conduct case, and it is determined by the testimony of an expert. The standard of care is what an "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's breach of this duty occurs when he deviates from the standard of care in rendering treatment to the patient. If a physician breaks the arm of a patient, the doctor may fail to cast the patient correctly. The physician's failure to perform this duty causes the injured arm to heal incorrectly, resulting in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts, but under limited 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. A majority of states have a system of state courts that are specialized to handle these cases, though they follow different court procedures than federal district courts.

Causation

Doctors swear to do no harm, and if they fail to uphold this obligation and cause injury, the patient may be entitled to compensation for any damages. A medical malpractice claim could occur when a physician decides to administer a procedure that carries known risks, and the patient would have opted to not undergo the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical negligence case must prove that the medical professional did not comply with accepted guidelines for practice, and that this negligence was the primary cause of the injury or illness the patient was suffering from and that the harm would not have occurred but because of the negligence of the doctor. This burden of proof, known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and lengthy discovery procedures prior to trial. In the event that the case settles or goes to trial, the attorneys from both sides spend significant time and resources preparing for the matter. This is a major reason that malpractice claims are costly to both the plaintiff and the medical professional involved. It is one of the reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs caused by the negligence of a physician which includes loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain and mental anguish.

Medical malpractice lawsuits are filed in state trial courts. However, there are instances where a lawsuit can be filed in federal court. This is typically the case when a doctor is employed at an institution that is funded by federal funds such as the Veteran's Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of alleged medical negligence could also have to stand trial before a jury and risk the possibility of their claim being denied by a judge or rejected by a juror.

You must prove that Estes Park medical malpractice lawyer negligence, or error was the cause of 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 pain. Furthermore, New York jackson medical malpractice lawsuit malpractice laws have certain damage caps, as well as other limitations on the amount that may be awarded to a person who has a successful claim.