Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can raise insurance costs for physicians and change the way they practice medicine.

In general, doctors have obligations to their patients to follow accepted ironwood medical malpractice law firm practices. This is called the standard of care.

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

Duty of Care

The primary element in a ladue Medical malpractice attorney malpractice case is that the person who was injured was owed a duty by a doctor that was breached. In contrast to other types of negligence cases medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which could be established through documents like richmond medical malpractice law firm records and 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 employees, such as assistants or interns. They could also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff is then required to demonstrate that the defendant did not adhere to the standard of medical care in the circumstances. This element is only proven through expert testimony on acceptable medical practices, and the defendant's failure follow these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's breach of duty and your injury or loved one's death. This is called proximate cause. For instance, if the negligence alleged by the defendant wouldn't have had a negative impact on your health, regardless whether it was executed or not, then you wouldn't be able 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 fulfill their duty of care towards a client can be held responsible for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects: a duty of professional care was breached; the physician breached this duty; the breach caused injury, and the injury resulted in damages. The first part of a claim for medical malpractice revolves around the standard of care that is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this duty occurs when he/she violates the standard of care when rendering treatment to the patient. For instance, if the doctor breaks a patient's arm the doctor does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm to heal improperly. This can lead to either a complete or partial loss of usage, and also financial damages.

In most instances, medical malpractice claims are filed in state trial courts. However in certain situations, federal courts can also consider these claims. The 94 federal districts courts across the United States each have a jury panel with a judge who decides on these cases. Most states have a specialized system of state courts that deal with these cases. They do however, follow different rules of court procedures than federal district courts.

Causation

Physicians take an oath to not cause harm, and should they violate this duty and cause harm the patient could be entitled to compensation for the damages. A medical malpractice claim could be brought up when a doctor decides to perform a procedure which has known risks and the patient would not have opted out of the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor did not follow accepted guidelines for practice, and that this negligence was the direct cause of the injury or illness that the patient was suffering from and that the ailment would not have happened but because of the negligence of the doctor. The burden of proof, also known as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, attorneys from both sides spend substantial time and resources in preparation for the case. This is the primary reason why malpractice claims can be so costly for both the plaintiff and the medical professional involved, and is one of the reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages compensate the patient for the financial loss or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice claims are filed in state trial courts. There are some situations where an action can be filed in federal courts. This is usually the case when a doctor is employed at a federally funded facility like the Veteran's Administration, or where the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. The victims of medical malpractice could also be subject to the stress of a jury trial and may be at risk of being rejected by a judge or rejected by the jury.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a monetary award will significantly compensate for your financial losses as well as emotional pain. New York medical malpractice law also has damages caps and limitations on the amount an individual patient could be awarded if they successfully make a claim.