Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They could increase the cost of insurance for doctors and also alter medical practice.

In general doctors owe patients the duty to uphold accepted medical practices without any deviation or the slightest omission. This is known as the standard of care.

To sue a physician over malpractice, a patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element of a medical malpractice claim is that the person who was injured was owed a duty by the doctor who was not fulfilled. As opposed to other types cases medical malpractice claims usually require the relationship between a doctor and patient, Medical malpractice lawyers which could be established through documents like medical malpractice lawyers (Recommended Resource site) records and phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The next thing that a plaintiff must prove is that the defendant did not satisfy the standard of medical care under the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these standards. The second aspect is that the breach directly hurts the patient. To prove malpractice the lawyer you hire to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is called proximate cause. For instance, if an negligence alleged by the defendant wouldn't have had a negative effect on your health regardless whether it was executed or not, then you wouldn't be able claim damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient may be held accountable for negligence. To be successful in a medical malpractice claim, the patient must prove four legal aspects that a duty of professional care was breached and the physician violated this duty; the breach caused injury, and the injury was a cause of damages. The first element of a medical malpractice case revolves around the standard of care which is determined through experts' testimony. The standard of care is what an "reasonably cautious" doctor would do in similar or identical circumstances.

A doctor is in violation of this obligation when he or she deviates from the standard of care when treating the patient. If a physician breaks the arm of a patient they may not be able to cast the arm correctly. A doctor's error can cause the injured arm to heal incorrectly. This could lead to an incomplete or total loss of use, and monetary damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances, federal courts may also hear these claims. 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 specialized state courts that handle these cases, though they follow different rules of court procedure than federal district courts.

Causation

Doctors swear to avoid harm, and when they fail to fulfill this obligation and cause injury, a patient may be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor administers a procedure with known risks and the patient wouldn't have consented to the procedure if they had been fully informed.

In a case of medical malpractice the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This negligence must have been the primary cause of any injury or illness suffered by the patient, and the injury would never have occurred if not for the physician’s negligence. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert testimony and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the issue. This is the reason why malpractice claims can be so expensive 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 reform the tort laws in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the kind of medical malpractice attorneys negligence. Compensatory damages compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages can include reimbursement for physical and mental suffering.

Medical malpractice claims are filed in state trial courts. However, there are some instances in which a lawsuit may be filed in federal court. This is usually the situation when the doctor is employed by a federally-funded clinic such as the Veterans Administration or when the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of medical malpractice could also be subject to the pressure of an open jury trial and could be at risk of having their claim dismissed by a judge, or dismissed by the jury.

You must prove that medical negligence or error was the cause of your injury in order to be awarded a case for medical negligence. The injury must be severe enough that a monetary award is sufficient to cover your financial losses and emotional pain. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount which can be awarded to a patient who is successful in bringing a claim.