Four Elements of a Medical Malpractice Case

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

In general doctors owe patients a obligation to follow the accepted medical practice without deviation or exclusion. This is referred to as the standard of care.

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

Duty of Care

The first element in a medical malpractice case is that the person who was injured was owed a duty by a doctor which was not fulfilled. As opposed to other types cases medical malpractice claims typically require a physician-patient relationship, which is established through things like medical records and telephone consultations. In general, physicians who treat patients must adhere to the accepted standards in their profession and practice.

However, doctors could be liable for the negligence of their staff members, such as interns or assistants. Furthermore, they can be held liable for the actions of emergency medical personnel under their supervision.

The next thing the plaintiff must prove is that the defendant failed to adhere to the standard of care under the circumstances. This can only be proven with experts' testimony regarding acceptable medical malpractice attorney practices and the defendant's reluctance to follow these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's failure to perform his duty and your injury or loved one's untimely death. This is called proximate cause. For instance, if an negligence alleged by the defendant wouldn't have had a negative effect on your health irrespective of whether it was done or not, you wouldn't be able to win damages for any injuries or deaths that were caused by the physician's conduct.

Breach of Duty

A doctor who fails to fulfill their obligation of care to the client may be held liable for negligence. In order to win a medical malpractice case, the injured patient must prove four legal aspects that a duty of professional care was owed and the doctor breached this obligation; the breach led to injury; and the result led to damages. The first aspect of a claim for medical malpractice revolves around the standard of care that is determined by experts' testimony. The standard of care is what an "reasonably cautious" doctor medical malpractice lawsuit would do in similar or identical circumstances.

The physician's breach of this obligation occurs when he violates the standard of care in providing treatment to the patient. For instance, when a doctor breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. The doctor's infraction of this duty causes the broken arm to heal incorrectly, resulting in the loss of use, whether complete or partial. of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, but under limited circumstances federal courts may take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. A majority of states have a system of state courts that deal with these issues. However, they have different rules of court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and if they fail in their duty to uphold the oath and cause injury, the patient may be entitled to compensation for the damages. A medical malpractice claim could also arise if the doctor administers a procedure with known risks and the patient wouldn't have agreed to the procedure if they had been fully informed.

The plaintiff in a medical malpractice lawsuit must show that the doctor did not adhere to accepted standards of practice, that the doctor's negligence was the primary cause of the injury or illness the patient was suffering from and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof, also known as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

The lawsuits that allege medical malpractice usually involve expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and resources in the preparation of a case, whether it's settled or if it goes to court. This is a major reason why malpractice claims are costly for both the patient and the doctor involved. It is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages are compensation for physical pain as well as mental distress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. This is typically the case where a doctor works at a federally funded clinic, such as the Veteran's Administration, or if the doctor is from another 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 includes written interrogatories, depositions, and requests for production of documents. The victims of medical negligence may also have to go through a jury trial, and face the possibility of their claim being denied by a judge, or dismissed by a juror.

You must prove that medical negligence or error caused your injury in order to be awarded a claim for medical malpractice. The injury must be severe enough that a financial settlement will substantially compensate for your financial losses as well as emotional distress. New York medical malpractice law also has certain damage caps, as well as limits on the amount the patient could receive if they successfully make an appeal.