Four Elements of a Medical Malpractice Case

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

In general doctors owe their patients the obligation to follow the accepted medical practices, without deviation or infraction. This is referred to as the standard of care.

To sue a physician for malpractice, a patient has to prove the following elements with a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the injured party was legally obligated by the doctor who was not fulfilled. As opposed to other types cases medical malpractice claims typically require an established relationship between the doctor and patient. This could be established through documents such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors may also be accountable for the wrongful actions of their staff members, like interns or assistants. In addition, they may be held accountable for the actions of emergency medical personnel working under their supervision.

The plaintiff then has to prove that the defendant's actions did not meet the standard care under the circumstances. This element can be proven through expert testimony on acceptable medical practices and the defendant's inability to follow these guidelines. The second element of malpractice is that the breach directly caused harm to the patient. To prove malpractice your lawyer must to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This concept is known as proximate causation. If, for instance the negligent treatment you claim to have received was not able to have a negative effect on your health, irrespective of whether or not it was performed or not, you aren't able to claim damages for any injuries, or wrongful death, that were allegedly caused by the behavior of the doctor.

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 succeed in a medical negligence lawsuit, the injured person must prove four legal aspects that a duty of care or professional care was owed and the doctor breached this duty; the breach caused injury; and the injury was a cause of damages. The first part of a medical malpractice lawsuit centers around the standard of care which is determined through experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar circumstances.

The physician's breach of this duty occurs when he or she does not adhere to the standard of care when rendering treatment to the patient. For instance, if the physician breaks a patient's arm and does not correctly set it or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can take on these cases. The 94 federal districts courts across the United States each have a judge and jury panel that decides on these cases. The majority of states have a system of state courts that are specialized to handle these cases, but with different court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if doctors fail to fulfill their obligation to not cause harm. A medical malpractice lawsuit could occur when a physician opts to carry out a procedure which has known risks and the patient would have declined the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional did not adhere to accepted standards of practice, that this negligence was the direct cause of the injury or illness the patient suffered, and that the injury could not have occurred except for the physician's negligence. This burden of proof, also known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the case. This is a major reason why malpractice claims can be so costly to both the plaintiff and the physician affected, and is one of the main reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the type of medical malpractice. Compensation damages compensate victims for the financial losses and expenses due to the negligence of the doctor for example, loss of income or the expense of future medical treatment. Non-economic damages include compensation for physical pain as well as mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which the lawsuit may be filed in federal courts. It is usually the case when doctors are employed by a federally-funded medical clinic such as the Veterans Administration or when the doctor is a resident of another country but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and involve extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical malpractice might also have to deal with the pressure of an open jury trial and could be at risk of having their claim dismissed by a judge or dismissed by the jury.

You must prove that medical negligence or mistake caused the injury you suffered to win a lawsuit for medical malpractice. The damage must be serious enough that a cash award will substantially compensate for your financial losses and medical malpractice lawsuit emotional trauma. New York medical malpractice law also has specific damage caps, Medical Malpractice Lawsuit and other limits on the amount patients can be awarded should they be successful in filing a claim.