Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can raise insurance costs and can alter medical practice.

In general doctors owe patients a obligation to follow accepted medical practices without deviation or the slightest omission. This is known as the standard of care.

To sue a doctor for negligence, the patient must demonstrate the following elements with a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the victim was obliged to perform a duty by the doctor that was violated. In contrast to other types of negligence cases, medical malpractice claims often require the existence of a physician-patient relationship, which is established through things such as doctor's medical records and telephone consultations. In general, physicians who treat patients must adhere to accepted guidelines in their field and practice.

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

The next thing the plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's breach of duty and your injury, or your loved one's untimely death. This is known as proximate causes. If, for instance the negligent treatment claimed to be negligent would not have had an adverse effect on your health, regardless of whether or not it was done, you won't be able claim damages for any injuries, or even wrongful death that was believed to be cause by the physician's behavior.

Breach of Duty

A doctor who does not fulfill their obligation of care to the client could be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal elements that a duty of professional care existed and the doctor violated this duty; the breach caused injury; and the injury was a cause of damages. The primary element of a lancaster medical malpractice lawsuit malpractice claim is the standard of care which is determined by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this duty is when he or she is not following the standard of care in giving treatment to the patient. For example, if the doctor breaks the arm of a patient and fails to correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm heal incorrectly. This can lead to either a complete or partial loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts. However, in certain circumstances, federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to not cause harm. A medical malpractice claim may occur when a doctor chooses to perform a treatment that is associated with risks and the patient could have refused the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional failed to adhere to accepted guidelines for practice, and that the failure was a direct cause for the injury or illness that the patient suffered, and that the injury would not have happened but for the physician's negligence. This burden of proof is also known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. If the case is settled or goes to trial, attorneys on both sides invest considerable time and resources in preparing for the matter. This is the primary reason why malpractice claims can be so costly for both the plaintiff and the medical professional affected, and is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensatory damages compensate patients for the financial losses and expenses caused by the negligence of a physician for example, loss of income or cost of future medical care. Non-economic damages include the payment of physical and mental anxiety.

Medical malpractice claims are usually filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. It is usually the case when a doctor is employed by a federally-funded medical clinic like the Veteran's administration, or if the doctor is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and require significant legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical malpractice will also have to bear the stress of an open jury trial and could be at risk of being denied their claim by a judge, or dismissed by a jury.

To win a shelton medical malpractice law firm malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a monetary award would substantially make up for your financial losses and emotional trauma. Additionally, New York medical 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.