Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and significant threat to doctors. They can raise insurance costs and can affect the medical practice.

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

To successfully sue a doctor for malpractice, an aggrieved patient must be able to prove each of the following legal elements with a preponderance of evidence: breach of duty; breach of obligation; causation; damages.

Duty of Care

The first aspect of a medical negligence claim is that the injured party was owed a duty by the doctor that was breached. Medical malpractice claims differ from other negligence cases because they often involve a physician-patient relationship that can be established through things like doctor's records or phone 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 incompetence or negligence of their staff members, like assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standard of care in the particular circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's failure to comply with these standards. The other element is that the breach directly hurts the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's failure to perform his duty and your injury or your loved one's wrongful death. This is called proximate cause. If, for example, the alleged negligent act did not have any negative impact on your health, regardless of whether or not it was performed, you won't be able win damages for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care towards clients can be held responsible for negligence. To be successful in a medical malpractice case, the victim must prove four legal aspects: a duty of professional care existed and the physician violated this duty; the breach caused injuries; and the damage led to damages. The primary element of a murphy medical malpractice lawyer malpractice lawsuit centers around the standard of care which is determined through experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do under similar or identical circumstances.

The physician's violation of this obligation occurs when he/she deviates from the standard of care when providing treatment to the patient. If a physician fractures the arm of a patient the doctor may fail to cast the arm correctly. A breach by a doctor can make the broken arm to heal in a wrong way. This could result in the loss of use, either in whole or in part of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain circumstances federal courts are also able to hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that decides on these cases. A majority of states have a system of state courts that are specialized to handle these matters, albeit with different rules of court procedure than federal district courts.

Causation

Physicians swear to protect their patients and if they fail to uphold that duty and cause injury, a patient may be legally entitled to compensation for their losses. A Carmel medical malpractice attorney malpractice claim may also arise when a doctor administers a procedure with known risks and the patient would not have consented to the procedure had they been fully informed.

The plaintiff in a medical negligence case must prove that the medical professional failed to adhere to accepted standards of practice, that the doctor's negligence was the primary cause of the illness or injury the patient was suffering from and that the ailment could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Whether the case is settled or goes to trial, attorneys on both sides spend significant time and resources preparing for the issue. This is the primary reason that malpractice claims are costly for both the patient and the doctor involved, and is one of the main reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the type of medical malpractice. Compensation damages are awarded to compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include the payment of physical pain and mental stress.

Medical malpractice lawsuits are usually filed in a state trial court. There are some situations where the lawsuit may be filed in federal courts. This is usually the situation when a doctor is employed by a clinic that is funded by federal funds, like the Veteran's administration or if the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical negligence also may have to endure the stress of an open jury trial and could be in danger of being denied their claim by a judge or rejected by a jury.

To be successful in a medical malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a financial settlement will substantially compensate for your financial losses and emotional distress. New York medical malpractice law also has specific damages caps and restrictions on the amount a patient can receive if they successfully make claims.