Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can increase insurance costs and may alter the way doctors practice.

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

To successfully claim a doctor's malpractice, an aggrieved patient must demonstrate each of the following legal elements with the preponderance evidence: breach of duty, breach of obligation; causation; damages.

Duty of Care

The most important element in a medical malpractice case is that the injured person was owed a doctor's duty which was not fulfilled. In contrast to other types of negligence cases medical malpractice claims usually require the relationship between a doctor and patient, which is established through things like doctor's records or telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be held accountable for the negligence of their staff members, like interns or assistants. Furthermore, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to meet the standards of care in the circumstances. This is only proven through expert testimony on acceptable medical practices and the defendant's reluctance to comply with these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's omission of duty and your injury, or your loved one's death. This is known as proximate causes. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health, regardless whether it was executed or not, you won't be able claim damages for any injuries or wrongful deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A doctor who does not fulfill their duty of care to the client could be held accountable for negligence. In order to succeed in a medical negligence case, the victim must prove four legal aspects that a duty of professional care was breached and the physician violated this obligation; the breach led to injury; and the result caused damages. The standard of care is the first component in a medical negligence case, and it's determined by expert testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar circumstances.

A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. For instance, if a doctor breaks a patient's arm, the doctor isn't able to properly set it or fails to cast the broken arm. A doctor's error can cause the broken arm heal incorrectly. This can result in either a complete or partial loss of usage, and also financial damages.

Medical malpractice cases are brought in state trial courts. However, under limited 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 will hear medical malpractice cases. The majority of states have special state courts that deal with the cases, although they have different rules of procedure than federal district courts.

Causation

Physicians swear to avoid harm, and when they fail to fulfill the oath and cause injury, the patient may be entitled to compensation for damages. A medical malpractice claim could be brought up when a doctor chooses to perform a treatment which has known risks and the patient would have declined the procedure had they been fully aware of all potential consequences.

In a case of medical malpractice the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. This failure must have been the direct cause of any illness or injury suffered by the patient and the ailment would never have occurred but for the physician’s negligence. The burden of proof, known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. Whether the case is settled or goes to trial, the attorneys on both sides spend significant time and resources preparing for the matter. This is the primary reason why malpractice claims can be so costly for both the patient and the doctor involved, and it is one of the reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Depending on the kind of Medical Malpractice Law Firm negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for financial losses and expenses caused by the negligence of a physician, such as loss of income or the cost of future medical care. Non-economic damages include reimbursement for physical and medical malpractice law firm mental anguish.

Medical malpractice claims are generally filed in a state court of trial. There are a few instances where an action can be filed in federal courts. This is typically when a doctor is employed at a federally funded clinic such as the Veteran's Administration, or where the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and involve significant legal discovery. This can include written interrogatories and depositions as well as requests for documents. The victims of medical negligence might also have to stand trial before a jury and are at risk that their claim will be rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or error was the cause of your injury to be able to make a claim for medical malpractice. The injury must be severe enough that a monetary award would substantially make up for your financial losses and emotional trauma. In addition, New York medical malpractice laws provide for damage caps as well as other limits on the amount that may be awarded to a patient who is successful in bringing a claim.