Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They increase insurance costs and can affect the practice of medicine.

In general doctors owe patients the duty to uphold the accepted medical practices, without any deviation or the slightest omission. This is known as the standard of care.

To sue a physician for malpractice, a patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The most important element in a medical malpractice case is that the person who was injured was owed a duty of a doctor which was not fulfilled. Contrary to other types of negligence cases medical malpractice claims usually require the existence of a physician-patient relationship, which could be established through documents like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to the accepted standards of their profession and practice.

Doctors could be held accountable for the negligence or incompetence of their staff, like assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff has to prove that the defendant's actions didn't meet the standard care under the circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's refusal to comply with these guidelines. The second element is that the breach directly hurts the patient. To prove malpractice your lawyer needs to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This is called proximate cause. For instance, if the negligent treatment alleged to have caused the injury would not have had a negative impact on your health regardless of whether it was done or not, you wouldn't be able to claim damages for any injuries or deaths that were believed to have been caused by the physician's conduct.

Breach of Duty

A physician who fails in their obligation of care to the client could be held accountable for their negligence. To prevail in a medical negligence lawsuit, the injured party must prove four elements: that a duty of care existed and the physician violated the obligation and that the breach caused injury, and finally caused damage. The standard of care is the primary component in a medical negligence case, and it is determined by an expert's testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or similar circumstances.

The breach of this duty occurs when he/she violates the standard of care when giving treatment to the patient. For instance, if the physician breaks a patient's arm the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal improperly, resulting in the complete or partial loss of use, and further financial damages.

Medical malpractice cases are brought in state trial courts, although under certain conditions federal courts are also able to take on these cases. The 94 federal districts courts across the United States each have a jury panel and judge that handles these cases. A majority of states have a system of state courts that are specialized to handle these cases, though they follow different rules of court procedure than federal district courts.

Causation

Doctors swear to protect their patients and when they fail to fulfill the oath and cause injury, the patient may be legally entitled to compensation for their losses. A medical malpractice claim could also arise when a doctor chooses to perform a treatment that has risks and the patient would have opted to not undergo the procedure if they had been fully informed of the potential consequences.

In a case of medical malpractice the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. This breach must have been the primary cause of any injury or illness suffered by the patient and the injury would never have occurred but because of the negligence of the physician. The burden of proof, known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. Both sides invest a significant amount of time and money making preparations for a case whether it settles or goes to court. This is one reason that malpractice claims are expensive for both the plaintiff and the medical professional involved, and it is one of the reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the kind of medical negligence. Compensation damages compensate victims for financial losses and costs caused by the negligence of a physician, such as loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain as well as mental stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are certain situations where a suit could be filed in federal court. This is usually the case where a doctor works at a federally funded clinic such as the Veterans' Administration, or where 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 can include written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice could also be subject to the stress of a jury trial and may face the threat of being rejected by a judge, or dismissed by a jury.

You must prove that medical negligence or mistake caused the injury you suffered to win a lawsuit for medical malpractice. The injury must be serious enough to warrant a financial award that would cover your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps and restrictions on the amount an individual patient could be awarded after proving a claim.