Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can increase the cost of insurance for doctors as well as alter the medical practice.

In general, doctors have obligations to their patients to adhere to accepted medical practices. This is called the standard of care.

To successfully claim a doctor's malpractice, an aggrieved patient must show each of these legal elements by a preponderance of evidence: breach of duty, breach of duty; causation; damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a duty of a doctor that was not met. Contrary to other types of negligence cases Wayne Medical Malpractice law firm malpractice claims typically require a physician-patient relationship, which is established through things such as doctor's medical records and phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff is then required to demonstrate that the defendant did not conform to the standard of care in the circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's refusal to follow these guidelines. The second aspect is that the breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's breach of duty and your injury or loved one's wrongful death. This is known as proximate reason. For example, if the 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, then you wouldn't be able to claim damages for any injuries or wrongful deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A physician who fails in their duty of care towards the client could be held accountable for their negligence. In order to win a medical negligence lawsuit the person who suffered must establish four elements: a duty of care existed and that the doctor breached the duty and that the breach resulted in injuries, and then the injury caused damage. The standard of care is the first aspect in a medical wrongful conduct case, and it is determined by an expert's testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from the normal care of the patient. For instance, when a doctor breaks a patient's arm when he fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal improperly. This can lead to the loss of use, either in whole or in part of use, and monetary damages.

Medical malpractice cases are filed in state trial courts, but under certain conditions federal courts are also able to hear these claims. The 94 federal districts courts across the United States each have a judge and jury panel that handles these cases. Many states have a distinct system of state courts that deal with these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

Physicians swear to protect their patients and if they fail in their duty to uphold this obligation and cause injury patients may be entitled to compensation for damages. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that has risks and the patient would have opted to not undergo the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical negligence case must prove that the physician did not adhere to accepted guidelines for practice, and that this failure was a direct cause of the injury or illness that the patient was suffering from, and that the injury would not have occurred but for the physician's negligence. This burden of proof, also known as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery processes. In the event that the case settles or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the issue. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and Hobart medical malpractice lawyer health care groups support efforts to change tort laws in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the nature of medical malpractice. Compensation damages compensate victims for the financial losses and expenses caused by the negligence of a physician for example, loss of income or the cost of future medical treatments. Non-economic damages include the payment of physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are certain situations where a lawsuit could be filed in federal court. This is usually the situation when a doctor is employed by a clinic that is funded by federal funds such as the Veteran's Administration, or when the doctor is from other 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 written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice might also have to deal with the pressure of a jury trial and may be in danger of being denied their claim by a judge or dismissed by jurors.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a monetary payment that will compensate you for your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have specific damages caps and other limitations on the amount that may be awarded to a patient who is successful in bringing a claim.