Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose an actual threat. They can increase the cost of insurance for doctors as well as alter the medical practice.

In general doctors owe their patients the obligation to follow the medical standards that are accepted without deviation or the slightest omission. This is referred to as the standard of care.

To successfully sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements by the preponderance of evidence: breach of duty, causation, and damages.

Duty of Care

The first aspect of a medical negligence claim is that the person who was injured was legally obligated by the doctor that was not met. In contrast to other types of negligence cases medical malpractice claims typically involve the existence of an established relationship between the doctor and patient. This can be established by means like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors may also be liable for the negligence of their staff members, such as interns or assistants. They may also be held responsible for the actions of emergency personnel under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to adhere to the standard of care in the specific circumstances. This element can be proven with expert testimony about acceptable medical procedures and the defendant's failure to comply with these guidelines. The other element is that the breach directly harmed the patient. To prove malpractice your lawyer must to show that the defendant's breach of duty directly caused your injury or the wrongful death of your loved one. This is referred to as causal proximate. If, for example, the alleged negligent treatment could not have had a negative effect on your health, irrespective of whether or not it was done, you won't be able be awarded damages for any injuries, or even wrongful death that was believed to be caused by the behavior of the doctor.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient can be held accountable 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 and the physician violated this duty; the breach caused injury; and the result resulted in damages. The standard of care is the primary aspect in a medical malpractice case, and it's established by expert testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this duty occurs when he/she violates the standard of care when rendering treatment to the patient. If a doctor fractures the arm of a patient they may not be able to cast the arm correctly. A breach by a doctor can make the broken arm heal incorrectly. This could result in a partial or complete loss of use, medical malpractice lawsuit and monetary damages.

Medical malpractice cases are filed in state trial courts, although under certain circumstances federal courts can 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. Most states have a specialized system of state courts that handle these issues. However, they are subject to different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to not cause harm. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that has risks and the patient would have declined the procedure if fully informed of all possible consequences.

In a lawsuit for medical malpractice, the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care must have been the main cause of any illness or injury suffered by the patient, and the ailment would never have occurred if not due to the negligence of the doctor. The burden of proof, referred to as "preponderance" of the evidence, is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. Both sides invest a lot of time and resources in the preparation of a case, whether it settles or if it is a court case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Victims can receive damages for punitive or compensatory, based on the kind of medical malpractice. Compensatory damages pay for the financial losses and expenses due to the negligence of the doctor like loss of income or the costs of future medical care. Non-economic damages can include compensation for mental and physical stress.

medical malpractice attorney malpractice claims are filed in state trial courts. There are some situations where a lawsuit can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded medical clinic such as 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 large amounts of legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Victims of alleged medical negligence might also have to deal with the stress of an open jury trial and could be in danger of having their claim dismissed by a judge, or dismissed by jurors.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The injury has to be severe enough to warrant a monetary award that would cover your financial losses as well as emotional distress. New York medical malpractice law also has damages caps and limits on the amount an individual patient could be awarded should they be successful in filing claims.