Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They can increase the cost of insurance for doctors and alter the way they practice medicine.

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

To successfully sue a doctor for malpractice, the patient must demonstrate each of the following legal elements using the preponderance evidence: breach of duty; breach of duty, medical malpractice lawsuit causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the victim was owed a duty by a doctor that was not met. As opposed to other types cases medical malpractice claims typically require a relationship between doctor and patient. This can be established by means such as doctor's medical records and phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors may also be held accountable for the actions of their staff members, including interns or assistants. They may also be held responsible for the actions of emergency personnel who are under their supervision.

The next element the plaintiff must prove is that the defendant failed to adhere to the standard of care in the specific circumstances. This element is only proven through experts' testimony regarding acceptable medical practices, and the defendant's failure follow these guidelines. The second factor is that the breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's death. This concept is known as causal proximate. For instance, if negligent treatment alleged to have caused the injury would not have had a negative effect on your health irrespective of whether it was done or not, then you wouldn't be able to win 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 to fulfill their obligation of professional care to a patient can be held accountable for negligence. To prevail in a medical negligence lawsuit the victim must prove four elements: that there was a duty of medical care and the doctor breached the duty, that the breach resulted in injury, and that the injury caused damages. The first part of a medical malpractice lawsuit centers around the standard of care, which is determined by expert testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's breach of this obligation is when he or she violates the standard of care in providing treatment to the patient. If a physician fractures the arm of a patient, he or she may fail to cast it correctly. A doctor's breach causes the broken arm to heal improperly. This could lead to either a complete or partial loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts, however under certain circumstances federal courts may consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have specialized state courts that handle the cases, although they have different rules for court procedure than federal district courts.

Causation

Physicians take an oath to protect their patients and should they violate that duty and cause injury patients may be entitled to compensation for damages. A medical malpractice lawsuit could also arise when a doctor opts to carry out a procedure that carries known risks, and the patient would have opted to not undergo the procedure if they had been fully informed of the potential consequences.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the primary cause of any injury or illness suffered by the patient and the injury would not be the case if it wasn't due to the negligence of the doctor. The burden of proof, known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Both sides spend a lot of time and money making preparations for a case whether it is settled or if it is a court case. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Depending on the kind of medical negligence, the victims can seek compensatory or punitive damages. Compensation damages compensate the patient for the financial losses or costs resulting from the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain and mental stress.

Medical malpractice claims are usually filed in a state court of trial. There are certain situations in which an action can be filed in federal courts. This is typically where a doctor is employed by an institution that is funded by federal funds such as the Veterans' Administration, or when the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

medical malpractice attorney malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical negligence will also have to bear the stress of a jury trial and may risk being denied their claim by a judge or dismissed by jurors.

You must establish that medical negligence or error was the cause of your injury to be able to make an action for medical malpractice. The damage must be serious enough that a monetary award would substantially make up for your financial losses as well as emotional pain. Additionally, New York medical malpractice laws have damages caps and other limitations on the amount which can be awarded to a patient who is successful in bringing a claim.