Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They can increase insurance costs for doctors and alter the medical practice.

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

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

Duty of Care

The first element in a medical malpractice case is that the victim was owed a duty to a doctor which was not fulfilled. Medical malpractice claims are different from other types of negligence claims in that they typically involve a doctor-patient relationship, which can be established by things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to accepted standards of their profession and practice.

However, doctors may also be accountable for the wrongful actions of their staff members, such as assistants or interns. They can also be held accountable for the actions of emergency personnel working under their supervision.

The plaintiff must then prove that the defendant did not conform to the standard of care in the circumstances. This is only proven through experts' testimony regarding acceptable medical practices, and the defendant's inability to comply with these standards. The second aspect of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's breach of duty and your injury or loved one's death. This is referred to as proximate cause. For example, if the negligence alleged by the defendant wouldn't have had an adverse effect on your health irrespective of whether it was performed or not, you wouldn't be able to claim damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. In order to be successful in a medical malpractice case, the injured patient must prove four legal elements: a duty of professional care was owed and the physician violated this duty; the breach caused injury, and the injury was a cause of damages. The first element of a medical malpractice lawsuit is the standard of care, which is determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from standard care while treating the patient. If a physician breaks the arm of a patient they may not be able to cast the arm correctly. The doctor's lapse in obligation causes the broken arm to heal improperly, resulting in the complete or partial loss of use and subsequent financial damages.

In the majority of instances, medical malpractice claims are filed in state trial courts. However, in certain circumstances, federal courts can also consider these claims. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. A majority of states have state courts that specialize in these matters, albeit with different rules of court procedure than federal district courts.

Causation

Physicians swear to do no harm, and if they fail to uphold that duty and cause injury patients may be entitled to compensation for any damages. A medical malpractice claim could also arise when a doctor opts to carry out a procedure that carries known risks, and the patient would not have opted out of the procedure if fully informed of the possible consequences.

The plaintiff in a case of medical malpractice must prove that the medical professional did not adhere to accepted standards of practice, that this negligence was a direct cause for the injury or illness that the patient was suffering from and that the injury could not have occurred except because of the negligence of a physician. This burden of proof, referred to as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and money preparing for a case, whether it's settled or if it goes to court. This is the reason why malpractice claims can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Depending on the type of medical negligence, victims can seek compensatory or punitive damages. Compensation damages are awarded to patients for monetary losses and expenses caused by the negligence of a physician for example, loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain as well as mental distress.

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 the doctor is employed by a federally-funded medical clinic like the Veteran's administration or if the doctor is from another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes written interrogatories, depositions, diywiki.org as well as requests for documents. The victims of medical malpractice might also have to deal with the stress of an open jury trial and could be in danger of being denied their claim by a judge or dismissed by jurors.

You must establish that medical negligence or mistake caused your injury to be able to make a claim for medical malpractice. The injury must be significant enough that a cash award is sufficient to cover your financial losses and emotional stress. In addition, New York medical malpractice laws have damage caps and other limits on the amount which can be awarded to a person who successfully makes a claim.