Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose an actual threat. They can raise insurance costs for doctors and also alter the way they practice medicine.

In general, doctors owe patients the obligation to follow accepted medical practices without deviation or the slightest omission. This is known as the standard of care.

To successfully to sue a doctor for malpractice, an aggrieved patient must show each of these legal elements with a preponderance of evidence: breach of duty; breach of that duty, causation, and damages.

Duty of Care

The primary element of a claim for baltimore medical malpractice law firm malpractice is that the victim was legally obligated by the doctor that was violated. Medical malpractice cases differ from other types of negligence cases in that they usually involve a physician-patient relationship that can be established through things like doctor's records or telephone consultations. In general, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors can also be held accountable for the negligence or incompetence of their staff members, for example, assistants or interns. They could also be held accountable for the actions of emergency personnel under their supervision.

The plaintiff is then required to prove that the defendant's conduct did not adhere to the standard of medical care in the circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's failure adhere to these standards. The second aspect of malpractice is that this breach directly harmed the patient. To prove that you have committed a crime your lawyer needs to show that the breach of duty by the defendant directly caused your injury or death of your loved one. This concept is known as the proximate cause. If, for instance, the negligent treatment claimed to be negligent did not have an adverse effect on your health, irrespective of whether or not it was done or not, you aren't able to get compensation for any injuries, or wrongful death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligent behavior. In order to be successful in a medical malpractice claim, the patient must prove four legal elements which include: a duty to provide professional care was breached and the physician violated this obligation; the breach led to injuries; and the damage resulted in damages. The standard of care is the main aspect in a medical wrongful conduct 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.

The physician's breach of this obligation occurs when he or she violates the standard of care in providing treatment to the patient. For instance, when a doctor breaks the arm of a patient when he fails to correctly set it or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This can lead to a partial or complete loss of use, and monetary damages.

Medical malpractice cases are brought in state trial courts, but 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 with a judge who hears these cases. Many states have a distinct system of state courts that handle the issues. They do however, follow different rules of court procedure than federal district courts.

Causation

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

The plaintiff in a medical malpractice lawsuit must prove that the doctor did not follow accepted guidelines for practice, and that this failure was a direct cause of the injury or illness that the patient was suffering from and that the ailment would not have occurred but because of the negligence of a physician. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

The lawsuits that allege medical malpractice usually involve expert witnesses and lengthy pretrial discovery procedures. If the case is settled or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is the reason why malpractice claims can be costly for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the nature of medical negligence. Compensatory damages compensate patients for financial losses and costs caused by the physician's negligence like loss of income or cost of future medical care. Non-economic damages include compensation for physical pain as well as mental anxiety.

Medical malpractice claims are filed in state trial courts. There are a few instances where lawsuits can be filed in federal courts. It is usually the case when doctors are employed by a clinic that is funded by federal funds, like the Veteran's administration or when the doctor is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Lawsuits claiming medical malpractice are usually adversarial and involve extensive legal discovery. This includes written interrogatories, depositions, medical malpractice and requests for the production of documents. Victims of alleged medical malpractice could also be subject to the pressure of a jury trial and may be in danger of being rejected by a judge, or dismissed by jurors.

You must prove that medical negligence or error was the cause of the injury you suffered to win a case for medical negligence. The injury must be significant enough that a cash award will substantially compensate for your financial losses and emotional distress. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that can be awarded to a patient who is successful in bringing a claim.