Four Elements of a Medical Malpractice Case

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

In general, doctors have an obligation to their patients to follow accepted medical practices. This is known as the standard of care.

To sue a doctor over negligence, the patient must be able to prove the following elements by a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The first element in a medical malpractice case is that the person who was injured was owed a doctor's duty that was not met. Medical malpractice claims differ from other types of negligence cases because they usually involve a physician-patient relationship, which is established through things like doctor's records or telephone consultations. In general, doctors who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors could be held accountable for the actions of their employees, such as assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to meet the standards of care under the circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's refusal to comply with these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's failure to perform his duty and your injury or your loved one's untimely death. This concept is known as the proximate cause. For instance, if an alleged negligent treatment wouldn't have had a negative effect on your health regardless whether it was executed or not, you won't be able to recover damages for any injuries or wrongful deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet their duty of care to a client can be held accountable for their negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal elements: a duty of professional care was breached and the doctor breached this duty; the breach caused injury; and the injury led to damages. The first element of a medical malpractice claim is the standard of care which is determined through experts' testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's breach of this duty is when he or she does not adhere to the standard of care when rendering treatment to the patient. If a physician fractures the arm of a patient, the doctor may fail to cast the patient correctly. A doctor's breach causes the injured arm to heal incorrectly. This can lead to the loss of use, either in whole or in part of use, and monetary damages.

Medical malpractice cases are filed in state trial courts. However, under limited circumstances federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear mathis medical malpractice lawyer malpractice cases. The majority of states have a special system of state courts that deal with the issues. However, they are subject to different rules of court procedure than federal district courts.

Causation

Doctors swear to protect their patients and should they violate this duty and cause harm the patient could be entitled to compensation for any damages. Medical malpractice claims could also arise if the doctor is performing a procedure that has known risks, and the patient would not have agreed to the procedure had they been fully informed.

In a lawsuit for medical malpractice, the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care must have been the primary cause of any illness or injury that the patient suffered, and the injury could not occur if it weren't for the physician’s negligence. The burden of proof, also known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, lawyers on both sides have to spend significant time and resources preparing for the issue. This is one of the main reasons why malpractice claims are so costly for both the patient and the doctor involved. It is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical malpractice. Compensation damages compensate victims for monetary losses and expenses due to the negligence of the doctor which includes loss of income or cost of future medical care. Non-economic damages can include the payment of physical and mental stress.

Medical malpractice claims are filed in state trial courts. There are instances when the lawsuit may be filed in federal courts. This is typically the case where a doctor works at a federally funded clinic such as the Veterans' Administration, or if the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and involve significant legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical malpractice will also have to bear the pressure of an open jury trial and could be in danger of having their claim rejected by a judge or dismissed by jurors.

To win a mesquite medical malpractice law firm malpractice claim, you must prove that the medical negligence or error caused your injury. The harm must be serious enough that a monetary award would substantially make up for your financial losses as well as emotional stress. Furthermore, New York South Charleston Medical Malpractice Attorney malpractice laws have specific damage caps and other limits on the amount that could be awarded to a patient who is successful in bringing a claim.