Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They can increase insurance costs and can affect medical practice.

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

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

Duty of Care

The first aspect of a medical negligence claim is that the person who was injured was bound by a duty of the doctor that was not met. In contrast to other types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which is established through things such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors may be held accountable for the negligence or incompetence of their staff, Medical malpractice lawsuits including assistants and interns. Additionally, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then establish that the defendant's actions did not meet the standard care under the circumstances. This can only be proven by expert testimony about acceptable medical practices and the defendant's refusal to adhere to these standards. The second element 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 defendant's breach of duty directly caused your injury or the death of your loved one. This is referred to as the proximate cause. For instance, if the negligent treatment alleged to have caused the injury would not have had an adverse impact on your health, regardless whether it was performed or not, you won't be able claim damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their duty of care towards the client may be held accountable for negligence. 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 violated this duty; the breach caused injury, and the injury resulted in damages. The standard of care is the main aspect in a medical malpractice case, and it's established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar circumstances.

The physician's breach of this duty occurs when he or she does not adhere to the standard of care in rendering treatment to the patient. If a physician fractures the arm of a patient they might fail to cast the right way. A breach by the doctor causes the broken arm to heal in a wrong way. This could result in an incomplete or total loss of usage, and also financial damages.

In most cases, medical malpractice claims are filed with state trial courts. However under 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 is able to hear medical malpractice cases. A majority of states have a system of state courts that handle these cases. They do however, follow different rules of court procedure than federal district courts.

Causation

Physicians swear to avoid harm, and when they fail to fulfill that duty and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice claim can also be brought when a doctor administers a procedure with known risks, and the patient wouldn't have agreed to the procedure had they been fully informed.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. This negligence must have been the direct cause of any illness or injury sustained by the patient and the injury would not occur if it weren't 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 required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and resources in making preparations for a case whether it is settled or if it is a court case. This is why malpractice lawsuits can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the kind of medical negligence. Compensatory damages compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical malpractice lawyer costs. Non-economic damages are the compensation for physical pain and mental anguish.

Medical malpractice lawsuits are usually filed in a state court of trial. There are instances when lawsuits can be filed in federal courts. This is typically the case when a doctor is employed at a federally funded clinic like the Veteran's Administration, or if the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice lawsuit negligence also may have to endure the stress of a jury trial and may risk having their claim dismissed by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a financial award that covers your financial losses and emotional pain. Additionally, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a patient who is successful in filing a claim.