Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They can raise insurance costs for doctors and alter the way they practice medicine.

In general, doctors are under an obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.

To sue a physician over negligence, the patient must be able to prove the following elements by a majority: breach of duty, duty of duty, causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the victim was owed a duty to a doctor that was not met. Contrary to other types of negligence cases Medical malpractice claims typically require the relationship between a doctor and patient, which is established through things such as doctor's medical records and telephone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors could be held accountable for the negligence of their employees, medical malpractice such as assistants or interns. In addition, they may be held liable for the actions of emergency medical personnel who are under their supervision.

The plaintiff then has to demonstrate that the defendant did not adhere to the standard of medical care in the circumstances. This element can be proven with expert testimony about acceptable medical procedures and the defendant's failure to follow these guidelines. The second factor is that the breach directly injured the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's dereliction of duty and your injuries or loved one's untimely death. This is called proximate cause. For instance, if an negligent treatment alleged to have caused the injury would not have had an adverse effect on your health regardless of whether it was performed or not, you wouldn't be able claim damages for any injuries or deaths that were caused by the physician's conduct.

Breach of Duty

A physician who fails to meet their duty of care towards the client could be held liable for negligence. To win a medical malpractice case, the victim must prove four legal aspects: a duty of professional care existed and the doctor medical malpractice violated this duty; the breach caused injury; and the injury caused damages. The primary element of a medical malpractice claim centers around the standard of care, which is determined by expert testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician breaches this duty when he or her deviates from standard care while treating the patient. For instance, if the doctor breaks a patient's arm, the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken arm to heal improperly, resulting in a complete or partial loss of use and monetary damages.

In most instances, medical malpractice claims are filed with state trial courts. However in certain situations, federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of state courts that are specialized to handle these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if a physician fails to fulfill their obligation to avoid harm. Medical malpractice claims can also arise when the physician performs a procedure that is associated with known risks and the patient would not have consented to the procedure had they been fully informed.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional failed to adhere to accepted standards of practice, that the failure was a direct cause of the illness or injury the patient was suffering from, and that the injury would not have occurred but because of the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony as well as lengthy discovery procedures prior to trial. Both parties invest a lot of time and money preparing for a case, whether it is settled or if it goes to court. This is one of the main reasons why malpractice claims are expensive for both the patient and the doctor involved, and it is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded punitive or compensatory damages depending on the nature of medical negligence. Compensation damages are awarded to compensate the patient for the monetary losses or costs resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages are compensation for physical pain and mental stress.

Medical malpractice claims are filed in state trial courts. However, there are some instances where a lawsuit could be filed in federal court. It's usually the case when a doctor is employed by a federally-funded 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 lawyers malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice law firms malpractice also may have to endure the stress of the jury trial, and possibly risk being rejected by a judge, or dismissed by jurors.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a financial award that covers your financial losses and emotional pain. Furthermore, New York medical malpractice laws have specific damage caps and other limits on the amount that may be awarded to a person who has a successful claim.