Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They could increase the cost of insurance for doctors as well as alter the practice of medicine.

In general doctors owe patients the obligation to follow the accepted medical practice without any deviation or infraction. This is referred to as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must show each of these legal elements using the preponderance evidence: breach of duty; breach of that 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 by a doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

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

The plaintiff has to prove that the defendant's conduct did not comply with the standard of care under the circumstances. This can be proved by expert testimony regarding acceptable medical malpractice attorneys procedures and the defendant's failure to follow these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this, your lawyer must show that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury or loved one's untimely death. This is known as proximate reason. For instance, if the alleged negligent treatment would not have had an adverse impact on your health, irrespective of whether or not it was done, you won't be able win damages for any injuries, or even wrongful death, that were allegedly cause by the physician's behavior.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal elements which include: a duty to provide professional care existed; the physician breached this duty; the breach caused injury; and the result led to damages. The first element of a medical malpractice lawsuit is the standard of care, which is determined by experts' testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in the same or similar circumstances.

The breach of this obligation occurs when he/she does not adhere to the standard of care in giving treatment to the patient. For example, if the physician breaks the arm of a patient and isn't able to properly set it or fails to cast the broken arm. A doctor's breach causes the injured arm to heal incorrectly. This can result in the loss of use, either in whole or in part of use and financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts are also able to hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that is responsible for hearing these cases. Most states have special state courts that deal with these cases, but with different court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and if they fail to uphold this obligation and cause injury patients may be entitled to compensation for the damages. A medical malpractice lawyer malpractice lawsuit could also arise when a doctor decides to administer a procedure that carries known risks, and the patient would have declined the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional did not follow accepted standards of practice, 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 due to the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and money prepping for a trial, whether it settles or if it goes to court. This is the primary reason why malpractice claims are so costly to both the patient and the doctor involved, and it is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

In the event of medical negligence, victims may be able to recover punitive and compensatory damages. Compensatory damages compensate patients for financial losses and expenses caused by the negligence of a physician which includes loss of income or cost of future medical treatments. Non-economic damages may include reimbursement for physical and mental stress.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are instances where a suit could be filed in federal court. This is typically the situation where a doctor is employed by an institution that is funded by federal funds such as the Veteran's Administration, or where the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and require significant legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Patients who are accused of medical malpractice will also have to bear the pressure of a jury trial and potentially risk having their claim rejected by a judge or dismissed by jurors.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The damage must be serious enough that a monetary award will significantly compensate for your financial losses as well as emotional stress. New York medical malpractice law also has specific damages caps, as well as other limits on the amount patients can be awarded after proving claims.