Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for Medical Malpractice Lawsuits physicians. They can increase the cost of insurance for doctors and medical malpractice Lawsuits alter the medical practice.

In general doctors owe patients a obligation to follow the medical standards that are accepted without deviation or omission. This is referred to as the "standard of care.

To successfully claim a doctor's negligence, the patient must prove each of the following legal elements by the preponderance evidence: breach of duty; breach of obligation; causation; damages.

Duty of Care

The most important element of a claim for medical malpractice is that the victim was owed a duty by the doctor that was not met. Medical malpractice cases differ from other types of negligence cases because they typically involve a doctor-patient relationship, which can be established through documents from a doctor or phone consultations. In general, doctors who treat their patients must adhere to the accepted standards of their profession and practice.

Doctors may be held accountable for the incompetence or negligence of their staff members, for example, assistants or interns. Furthermore, they can be held liable for the actions of emergency medical personnel who are under their supervision.

The plaintiff then has to establish that the defendant's conduct did not meet the standard care under the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's failure to follow these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must demonstrate an immediate cause and effect between the defendant's omission of duty and your injuries or loved one's untimely death. This is referred to as proximate cause. If, for instance, the alleged negligent act would not have had a negative effect on your health, regardless of whether or not it was done by a physician, you will not be able claim damages for any injuries or death that was believed to be caused by the doctor's conduct.

Breach of Duty

A physician who fails in their duty of care to the client could be held liable for negligence. In order to be successful in a medical malpractice law firms malpractice claim, the patient must prove four legal elements that a duty of professional care was owed and the doctor breached this obligation; the breach led to injury; and the result was a cause of damages. The standard of care is the primary component in a medical negligence case, and is determined by the testimony of an expert. 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 the standard of care when treating the patient. For example, if the physician breaks the arm of a patient and does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This could lead to either a complete or partial loss of use, and monetary damages.

In the majority of instances, medical malpractice lawyers malpractice lawsuits are filed in state trial courts. However, in certain circumstances federal courts are also able to consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have a system of state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.

Causation

Physicians swear to protect their patients and if they fail to uphold this duty and cause harm the patient could be entitled to compensation for the damages. A medical malpractice claim could also arise when a doctor decides to administer a procedure that carries known risks, and the patient would have opted to not undergo the procedure if fully informed of all possible consequences.

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

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the case. This is why malpractice lawsuits can be expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the nature of medical negligence. Compensatory damages pay for financial losses and expenses caused by the negligence of a physician which includes loss of income or cost of future medical treatments. Non-economic damages are the compensation for physical pain and mental anguish.

Medical malpractice claims are usually filed in a state trial court. There are certain situations in which lawsuits can be filed in federal courts. This is typically the case when a doctor is employed at an institution that is funded by federal funds, such as the Veteran's Administration, or where the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and involve significant legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Patients who are accused of medical malpractice could also be subject to the pressure of the jury trial, and possibly risk having their claim dismissed by a judge, or dismissed by a jury.

You must prove that medical negligence or error caused the injury you suffered to win a claim for medical malpractice. The injury must be severe enough that a monetary award would substantially make up for your financial losses as well as emotional pain. New York medical malpractice law also includes certain damage caps, as well as restrictions on the amount an individual patient could be awarded if they successfully make an claim.