Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can increase insurance costs for doctors and also alter the practice of medicine.

In general, doctors have an obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.

To sue a doctor over negligence, the patient must prove the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The primary element in a medical malpractice law firm malpractice case is that the person who was injured was owed a doctor's duty that was breached. Medical malpractice cases differ from other negligence cases because they typically involve a patient-physician relationship that can be established through documents from a doctor or phone consultations. In general, physicians who treat patients must adhere to accepted guidelines in their field and practice.

Doctors may also be held accountable for the incompetence or negligence of their staff members, including assistants and interns. In addition, they may be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff must then establish that the defendant's actions didn't conform to the standard of care in the circumstances. This element can only be proven with experts' testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these standards. The other element is that the breach directly injured the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This is known as proximate causes. For instance, if an alleged negligent treatment wouldn't have had an adverse effect on your health, regardless whether it was performed or not, then you wouldn't be able to recover damages for any injuries or deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

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

The physician's violation of this obligation occurs when he deviates from the standard of care when giving treatment to the patient. For example, if the doctor breaks the arm of a patient the doctor is not able to properly set the arm or fails to cast the broken arm. The doctor's lapse in obligation causes the broken arm to heal incorrectly, resulting in the complete or medical Malpractice Lawsuit partial loss of use and monetary damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances federal courts can consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. The majority of states have a special system of state courts that handle the issues. However, they have different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if doctors fail to fulfill their obligation to not cause harm. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that carries known risks, and the patient could have refused the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical negligence case must show that the doctor did not act in accordance with accepted standards of practice, that the failure was the primary cause of the injury or illness the patient was suffering from, and that the injury would not have happened but due to the negligence of the doctor. This burden of proof, also known as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony as well as lengthy discovery procedures prior to trial. Both parties invest a lot of time and resources in prepping for a trial, whether it is settled or if it goes to court. This is a major reason why malpractice claims are so expensive for both the plaintiff and the physician affected, and is one of the reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Depending on the type of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include the payment of physical and mental anguish.

Medical malpractice claims are filed in state trial courts. However, there are instances where a lawsuit could be filed in federal court. This is usually the case where a doctor is employed by a federally funded facility, such as the Veteran's Administration, or where the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are generally adversarial and require significant legal discovery. This includes written interrogatories, depositions, and requests for medical malpractice lawsuit production of documents. The victims of medical negligence may also be required to face a jury trial and may be in danger of their claim being denied by a court or dismissed by a jury.

You must demonstrate that medical negligence or error caused your injury to be able to make an action for medical malpractice. The injury must be severe enough that a financial settlement would substantially make up for your financial losses as well as emotional distress. Furthermore, New York medical malpractice laws provide for damage caps and other limits on the amount which can be awarded to a patient who successfully makes a claim.