Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They drive up physician insurance costs and may alter the medical practice.

In general, doctors are under obligations to their patients to follow accepted medical practices. This is referred to as the standard of care.

To sue a doctor for malpractice, a patient must be able to prove the following elements by a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The primary element of a claim for medical malpractice is that the victim was obliged to perform a duty by the doctor who was not fulfilled. Medical malpractice cases differ from other types of negligence cases because they usually involve a physician-patient relationship, which is established through documents from a doctor or telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be accountable for the wrongful actions of their employees, such as assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel who are working under their supervision.

The next element the plaintiff must prove is that the defendant did not meet the standards of care in the circumstances. This element is only able to be proved through expert testimony on acceptable medical practices and the defendant's refusal to comply with these standards. The second aspect is that the breach directly injured the patient. To prove malpractice the lawyer you hire to prove that the defendant's breach of duty directly caused your injury or death of your loved one. This concept is known as causal proximate. If, for instance, the alleged negligent treatment did not have an adverse impact on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to win damages for any injuries or death, that were allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who fails to fulfill their duty of care towards clients can be held responsible for negligence. To prevail in a medical malpractice claim, the patient must prove four legal aspects which include: a duty to provide professional care was in place and the doctor breached this duty; the breach caused injuries; and the damage led to damages. The standard of care is the first aspect in a medical wrongful conduct case, and is determined by an expert's testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this obligation occurs when he/she is not following the standard of care when giving treatment to the patient. If a physician breaks the arm of a patient, he or she may fail to cast the patient correctly. A doctor's error can cause the broken arm to heal in a wrong way. This can result in either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts. However, in certain circumstances federal courts are also able to consider these claims. The 94 federal district courts across the United States each have a jury panel with a judge who is responsible for hearing these cases. A majority of states have a system of special state courts that deal with these cases, but with different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. A medical malpractice claim may occur when a physician chooses to perform a treatment that has risks and the patient would have opted to not undergo the procedure if fully informed of the potential consequences.

In a medical malpractice case the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This failure must have been the primary cause of any illness or injury that the patient suffered, and the injury would never be the case if it wasn't because of the negligence of the physician. This burden of proof, also known as "preponderance" of evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert testimony and lengthy pretrial discovery procedures. Both sides invest a lot of time and resources in prepping for a trial, whether it is settled or goes to court. This is one reason that malpractice claims are costly to both the plaintiff and the physician affected, and is one of the reasons that physicians and health care 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 nature of medical malpractice. Compensation damages compensate the patient for the monetary losses or expenses caused by the doctor's negligence. This includes income loss and future downingtown medical malpractice lawyer expenses. Non-economic damages include compensation for physical pain and mental stress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are instances when the lawsuit may be filed in federal courts. It's usually 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 a resident of another country, but is working in the United States as part of an agreement with extraterritorial authority.

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

To win a medical malpractice claim, you must show that the error or negligence of a safety harbor medical malpractice Law firm professional caused your injury. The injury must be severe enough that a monetary award will significantly compensate for your financial losses as well as emotional pain. New York medical malpractice law also has certain damages caps, as well as other limitations on the amount a patient can receive when they are successful in bringing an appeal.