Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They increase insurance costs and can alter the way doctors practice.

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

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

Duty of Care

The first element of a medical malpractice case is that the person who was injured was bound by a duty of the doctor that was not met. Medical malpractice cases differ from other types of negligence cases in that they usually involve a physician-patient relationship, which is established through documents from a doctor Lawyers or phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors could also be accountable for the wrongful actions of their staff members, such as assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff has to establish that the defendant's conduct did not adhere to the standard of medical care in the circumstances. This can only be proven with expert testimony regarding acceptable medical practices and the defendant's failure comply with these standards. The second aspect is that the breach directly hurts 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 wrongful death of a loved one. This concept is known as causal proximate. If, for example, the negligent treatment claimed to be negligent was not able to have a negative effect on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to be awarded damages for any injuries or death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient can be held accountable for negligence. To prevail in a medical malpractice lawsuit the person who suffered must establish four elements: there was a duty of medical care and that the doctor breached the duty and the breach resulted in injury and finally the injury caused damage. The first element of a medical malpractice lawsuit is the standard of care that is determined by experts' testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or similar circumstances.

The breach of this duty occurs when he/she deviates from the standard of care when giving treatment to the patient. For instance, if a physician breaks the arm of a patient the doctor isn't able to properly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This could lead to a partial or complete loss of use, and monetary damages.

In the majority of instances, medical malpractice claims are filed in state trial courts. However in certain situations federal courts can take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. A majority of states have state courts that specialize in these cases, but with different rules for court procedure than federal district courts.

Causation

Physicians take an oath to not cause harm, and if they fail in their duty to uphold the oath and cause injury, the patient may be entitled to compensation for any damages. A medical malpractice claim could also arise if the physician performs a procedure that is associated with known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a medical malpractice lawsuit the plaintiff must show that the doctor's actions were not in accordance to accepted standards of practice. This negligence must have been the main cause of any injury or illness sustained by the patient and the injury could not have occurred but due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

The lawsuits that allege medical malpractice usually include expert witnesses and lengthy pretrial discovery processes. In the event that the case settles or goes to trial, the lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is why malpractice lawsuits are costly for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care organizations support efforts to reform tort laws in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the type of medical negligence. Compensation damages compensate the victim for the financial losses or expenses resulting from the doctor's negligence. This includes income loss and future medical costs. Non-economic damages could include the payment of physical and mental suffering.

Medical malpractice lawsuits are filed in state trial courts. There are instances when an action can be filed in federal courts. This is typically where a doctor is employed by a federally funded clinic like the Veteran's Administration, or where the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, as well as requests for documents. Patients who are accused of medical malpractice will also have to bear the stress of a jury trial and potentially be at risk of having their claim rejected by a judge, or dismissed by the jury.

You must prove that medical negligence or mistake caused your injury to be able to make a lawsuit for medical malpractice law firms malpractice. The harm must be serious enough that a financial award will substantially compensate for your financial losses and emotional pain. In addition, New York medical malpractice laws have damage caps and other limits on the amount that can be awarded to a patient who is successful in filing a claim.