Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They increase insurance costs and could alter the medical practice.

In general, doctors owe patients the obligation to adhere to the accepted medical practice without deviation or exclusion. This is referred to as the "standard of care.

To successfully claim a doctor's malpractice, the patient must be able to prove each of the following legal elements using a preponderance of evidence: breach of duty; breach of that duty; causation; and damages.

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was owed a duty by the doctor that was not met. As opposed to other types cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which can be established through things like medical records and phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors could also be liable for the negligence of their staff members, including assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The plaintiff must then establish that the defendant's actions didn't comply with the standard of care under the circumstances. This element is only proven through expert testimony on acceptable medical malpractice law firms practices and the defendant's failure follow these standards. The second aspect of malpractice is that the breach directly harmed the patient. To prove that you have committed a crime the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or the death of a loved one. This is known as proximate causes. For instance, if an alleged negligent treatment wouldn't have had an adverse impact on your health irrespective whether it was executed or not, you wouldn't be able to recover damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient can be held accountable for negligent behavior. To prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of care or professional care existed and the doctor breached this obligation; the breach led to injury; and the result was a cause of damages. The first element of a medical malpractice claim is the standard of care, which is determined by experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this duty occurs when he is not following the standard of care while providing treatment to the patient. For instance, when a doctor breaks the arm of a patient the doctor does not correctly set it or fails to cast the broken arm. The doctor's infraction of this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a system of special state courts that deal with these matters, albeit with different rules of court procedure than federal district courts.

Causation

Doctors swear to not cause harm, and when they fail to fulfill the oath and cause injury patients may be entitled to compensation for any damages. A medical malpractice claim may occur when a physician decides to administer a procedure that carries known risks, and the patient would have opted to not undergo the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to follow accepted guidelines for practice, and that this failure was a direct cause of the injury or illness that the patient was suffering from, and that the injury could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pretrial discovery processes. If the case settles or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the trial. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Victims may be awarded compensatory or punitive damages, based on the type of medical negligence. Compensatory damages pay for the financial losses and expenses resulted from the negligence of the doctor, such as loss of income or cost of future medical care. Non-economic damages include compensation for mental and physical stress.

Medical malpractice claims are generally filed in a state court of trial. There are certain situations in which lawsuits can be filed in federal courts. This is typically where a doctor is employed by a federally funded clinic such as the Veteran's Administration, or if the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and involve an extensive 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 the jury trial, and possibly be in danger of having their claim rejected by a judge or dismissed by the jury.

To win a medical malpractice attorney malpractice claim, you must prove 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 stress. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that may be awarded to a person who is successful in bringing a claim.