Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They can raise insurance costs for medical malpractice physicians and change medical practice.

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

To sue a doctor for malpractice, the patient must prove the following elements with a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The most important element of a medical malpractice claim is that the person who was injured was obliged to perform a duty by the doctor that was violated. Medical malpractice claims differ from other negligence claims in that they often involve a physician-patient relationship, which is established through documents from a doctor or phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

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

The next element a plaintiff needs to establish is that the defendant failed to meet the standards of care in the particular circumstances. This element can only be proven by expert testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The other element is that the breach directly affected the patient. To prove malpractice your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This concept is known as proximate causation. If, for example, the negligent treatment claimed to be negligent did not have an adverse effect on your health, irrespective of whether or not it was done, you won't be able get compensation for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

Physicians who fail to fulfill their obligation of professional care to a patient can be held accountable for negligent behavior. In order to succeed in a medical negligence case, the victim must prove four legal elements that a duty of care or professional care was in place; the physician breached this duty; the breach caused injury, and the injury led to damages. The first part of a claim for medical malpractice is the standard of care, which is determined by experts' testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar circumstances.

A physician is in breach of this duty when he or she strays from the norm of care while treating the patient. If a doctor breaks the arm of a patient he or she may fail to cast it correctly. The physician's failure to perform this duty causes the injured arm to heal improperly, which results in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts, however under certain conditions federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a system of state courts that deal with these issues. However, they have different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. Medical malpractice claims can be brought up when a doctor decides to administer a procedure that carries known risks, and the patient could have refused the procedure had they been fully informed of the possible consequences.

In a case of medical malpractice (Full Content) the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. The failure to follow the standard of care must have been the primary cause of any injury or illness that the patient suffered, and the injury would not be the case if it wasn't due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides spend a lot of time and money the preparation of a case, whether it settles or goes to court. This is the primary reason why malpractice claims are so costly for both the plaintiff and the physician affected, and is one of the reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims are able to seek punitive and compensatory damages. Compensatory damages compensate patients for financial losses and expenses resulted from the negligence of the doctor which includes loss of income or expense of future medical treatment. Non-economic damages may include compensation for mental and physical stress.

Medical malpractice lawsuits are typically filed in a state court of trial. However, there are situations where a suit could be filed in federal court. This is typically when a doctor is employed at a federally funded clinic such as the Veterans' Administration, or if the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical malpractice will also have to bear the pressure of the jury trial, and possibly face the threat of being denied their claim by a judge or rejected by jurors.

You must establish that medical negligence or error caused your injury to win a claim for medical malpractice. The harm must be serious enough that a cash award will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damages caps and limits on the amount a patient can receive when they are successful in bringing an appeal.