Four Elements of a Medical Malpractice Case

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

In general doctors owe their patients the obligation to adhere to the medical standards that are accepted without any deviation or exclusion. This is known as the standard of care.

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

Duty of Care

The primary element of a claim for medical malpractice is that the party who suffered was owed a duty by the doctor that was violated. Contrary to other types of negligence cases medical malpractice claims usually require a relationship between doctor and patient. This could be established through documents like medical records and telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

Doctors can be held accountable for the negligence or incompetence 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 plaintiff then has to show that the defendant did not comply with the standard of care under the circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's inability to follow these guidelines. The second aspect is that the breach directly hurts the patient. To prove that you have committed a crime your lawyer needs to show that the defendant's breach of duty directly caused your injury or death of a loved one. This concept is known as causal proximate. For instance, if an negligent treatment alleged to have caused the injury would not have had an adverse effect on your health irrespective whether it was executed or not, you won't be able claim damages for any injuries or deaths that were caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care towards a client can be held responsible for negligence. To succeed in a medical negligence claim, the patient must prove four legal aspects: a duty of professional care existed and the doctor violated this duty; the breach caused injury, and the injury was a cause of damages. The standard of care is the primary component in a medical negligence case, and is established by expert 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 her deviates from the standard of care when treating the patient. For instance, when a physician breaks a patient's arm, the doctor does not correctly set it or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal in a wrong way. This can lead to the loss of use, either in whole or in part of usage, Medical malpractice law firms and also financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts are also able to consider these claims. 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 matters. However, they follow different rules for court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and if they fail in their duty to uphold this duty and cause harm patients may be entitled to compensation for the damages. A medical malpractice attorney malpractice claim may be brought up when a doctor decides to perform a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of all possible consequences.

In a case of medical malpractice the plaintiff must demonstrate 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 direct cause of any illness or Medical malpractice law firms injury suffered by the patient and the injury would not have occurred but due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

The lawsuits that allege medical malpractice law Firms malpractice usually involve expert witnesses and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, attorneys on both sides spend substantial time and resources in preparation for the case. This is a major reason why malpractice claims can be so costly for both the plaintiff and the medical professional involved, and is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Depending on the type of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs due to the negligence of the doctor, such as loss of income or the expense of future medical treatment. Non-economic damages include the payment of physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are some situations where a lawsuit can be filed in federal courts. This is typically the situation where a physician is employed by a federally funded facility such as the Veterans' Administration, or where the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are generally adversarial and involve extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. Patients who are accused of medical malpractice will also have to bear the stress of an open jury trial and could risk having their claim rejected by a judge or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury to be able to make a lawsuit for medical malpractice. The injury has to be severe enough to warrant a financial award that would cover your financial losses as well as emotional pain. In addition, New York medical malpractice laws have damage caps, as well as other limitations on the amount that may be awarded to a patient who is successful in filing a claim.