Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They increase insurance costs and can affect the way doctors practice.

In general doctors owe their patients the duty to uphold the accepted medical practice 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 show each of these legal elements by the preponderance evidence: breach of duty, breach of duty, causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person injured was owed a duty to a doctor that was not met. Medical malpractice cases differ from other types of negligence cases because they typically involve a doctor-patient relationship, which is established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

Doctors may also be held responsible for the negligence or incompetence of their staff, including assistants and interns. They could also be held responsible for the actions of emergency personnel working under their supervision.

The plaintiff is then required to show that the defendant did not comply with the standard of care under the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's failure to comply with these standards. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's omission of duty and your injury or your loved one's untimely death. This is known as proximate reason. For instance, if negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health regardless whether it was performed or not, you wouldn't be able to recover damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical malpractice case the person who suffered must prove four things: that there was a duty to care and the doctor breached the duty, that the breach caused injuries, and then the injury caused damages. The primary element of a medical malpractice lawsuit centers around the standard of care, which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or her deviates from the normal care of the patient. If a physician fractures the arm of a patient, the doctor may fail to cast the arm correctly. A doctor's breach causes the injured arm to heal incorrectly. This can lead to an incomplete or total loss of usage, and also financial damages.

In most instances, medical malpractice lawyer malpractice cases are filed with state trial courts. However under certain circumstances federal courts can consider these claims. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. A majority of states have state courts that are specialized to handle these cases, but with different rules of procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail to uphold the oath and cause injury patients 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 wouldn't have agreed to the procedure had they been fully informed.

In a case of medical malpractice the plaintiff must show that the doctor did not act in accordance to accepted standards of practice. This breach must have been the main cause of any injury or illness suffered by the patient, and the injury could not have occurred but because of the negligence of the physician. This burden of proof, referred to as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. If the case is settled or goes to trial, the attorneys from both sides spend significant time and resources preparing for the trial. This is why malpractice cases can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the kind of medical malpractice. Compensation damages compensate the victim for the financial loss or expenses resulting from the doctor's negligence. This includes the loss of income as well as future Murfreesboro Medical Malpractice Lawyer costs. Non-economic damages can include the compensation for physical and mental anguish.

Medical malpractice claims are generally filed in a state court of trial. However, there are instances where a lawsuit can be filed in federal court. This is typically the situation where a doctor is employed by an institution that is funded by federal funds, such as the Veteran's Administration, or where the physician 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 depositions, written interrogatories, murfreesboro medical Malpractice lawyer and requests for production of documents. Victims of alleged medical negligence might also have to deal with the stress of the jury trial, and possibly be at risk of having their claim dismissed by a judge or dismissed by jurors.

To win a medical malpractice attorney malpractice claim, you must prove that the medical negligence or error caused your injury. The injury must be severe enough that a cash award will substantially compensate for your financial losses and emotional stress. In addition, New York medical malpractice laws provide for damages caps and other limitations on the amount that can be awarded to a person who has a successful claim.