Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They drive up physician insurance costs and can alter the medical practice.

In general doctors owe patients a duty to uphold the medical standards that are accepted without deviation or infraction. This is called the standard of care.

To sue a physician for negligence, the patient must establish the following elements using a preponderance of proof: breach of duty, athens medical malpractice lawyer causation and damages.

Duty of Care

The first element of a claim for medical malpractice is that the person who was injured was legally obligated by the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often require a relationship between doctor and patient. This is established through things such as doctor's medical records and phone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

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

The next element that a plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the circumstances. This can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's breach of duty and your injury or loved one's wrongful death. This is known as proximate causes. If, for example, the negligent treatment you claim to have received would not have had a negative effect on your health, irrespective of whether or not it was performed or not, you aren't able to claim damages for any injuries, or even wrongful death that was believed to be caused by the doctor's conduct.

Breach of Duty

A physician who fails to meet their duty of care to the client may be held liable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care was breached; the physician breached this obligation; the breach led to injury; and the result was a cause of damages. The standard of care is the first component in a medical negligence case, and it's established by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.

A physician is in breach of this duty in the event that he or she departs from the norm of care while treating the patient. For instance, when a physician breaks a patient's arm the doctor does not correctly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This can lead to an incomplete or total loss of use and financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts may also be able to hear these cases. The 94 federal district courts across the United States each have a jury panel and judge that is responsible for hearing these cases. Many states have a distinct system of state courts that handle the issues. However, they are subject to different rules for court procedures than federal district courts.

Causation

A patient may be entitled compensation for damages if medical professionals fail to perform their obligation to prevent harm. Medical malpractice claims can also arise when the physician performs a procedure that is associated with known risks, and the patient wouldn't have agreed to the procedure if they had been fully informed.

The plaintiff in a medical malpractice case must prove that the physician failed to adhere to accepted guidelines for practice, and that this negligence was the direct cause of the injury or illness that the patient suffered and that the harm could not have occurred except because of the negligence of a physician. This burden of proof, also known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery proceedings. Both sides invest a significant amount of time and resources in making preparations for a case whether it settles or if it goes to court. This is the reason why malpractice claims can be costly for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Depending on the type of medical malpractice lawsuit negligence, the victims can seek compensatory or punitive damages. Compensatory damages compensate patients for monetary losses and expenses resulted from the negligence of the doctor, such as loss of income or expense of future medical treatment. Non-economic damages include the compensation for physical and mental stress.

Athens Medical Malpractice Lawyer malpractice lawsuits are typically filed in a state trial court. However, there are some instances where a suit could be filed in federal court. It's usually the case when the doctor is employed by a federally-funded clinic such as the Veteran's Administration or when the doctor is from another country but is practicing in the United States as part of an extraterritorial treaty.

Lawsuits claiming medical malpractice are largely adversarial in nature and require significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice might also have to deal with the stress of a jury trial and may face the threat of having their claim dismissed by a judge or rejected by the jury.

You must establish that medical negligence or error was the cause of your injury to be able to make a claim for medical malpractice. The damage must be serious enough that a cash award will significantly compensate for your financial losses and emotional trauma. New York medical malpractice law also has damages caps and restrictions on the amount an individual patient could be awarded when they are successful in bringing a claim.