Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They drive up physician insurance costs and can affect medical malpractice attorney practice.

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

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

Duty of Care

The first aspect of a medical malpractice claim is that the party who suffered was obliged to perform a duty by the doctor that was breached. Unlike some types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors can also be held responsible for the incompetence or negligence of their staff members, including assistants and interns. They can also be held accountable for the actions of emergency personnel under their supervision.

The next thing a plaintiff needs to establish is that the defendant did not adhere to the standard of care in the specific circumstances. This element is only able to be proved through expert testimony about acceptable medical practices, and the defendant's failure follow these standards. The second element of malpractice is that this breach directly caused harm to the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's failure to perform his duty and your injury or loved one's death. This concept is known as the proximate cause. If, for instance, the alleged negligent treatment was not able to have any negative impact on your health, regardless of whether or not it was done, you won't be able get compensation for any injuries, or wrongful death that was believed to be caused by the doctor's conduct.

Breach of Duty

A physician who fails to meet their obligation of care to clients can be held liable for negligence. In order to prevail in a medical malpractice case, the victim must prove four legal aspects that a duty of care or professional care was owed and the doctor violated this obligation; the breach led to injury; and the injury was a cause of damages. The first aspect of a medical malpractice claim revolves around the standard of care which is determined by experts' testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

The physician's breach of this duty occurs when he/she does not adhere to the standard of care when rendering treatment to the patient. If a doctor breaks the arm of a patient the doctor may fail to cast the right way. A breach by the doctor causes the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of use and financial damages.

Medical malpractice cases are filed in state trial courts, although under certain circumstances federal courts can also 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 special system of state courts that deal with the issues. However, they are subject to different rules for court procedures than federal district courts.

Causation

Physicians swear to do no harm, and if they fail in their duty to uphold the oath and cause injury the patient could be entitled to compensation for damages. A medical malpractice claim may occur when a physician opts to carry out a procedure that has risks and the patient could have refused the procedure had they been fully aware of all potential consequences.

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

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, attorneys from both sides spend an enormous amount of time and effort preparing for the case. This is why malpractice cases can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the type of medical negligence. Compensatory damages pay for financial losses and costs resulted from the negligence of the doctor Medical Malpractice which includes loss of income or cost of future medical treatments. Non-economic damages include compensation for physical pain as well as mental anxiety.

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

Lawsuits alleging medical malpractice are generally adversarial and require an extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and may be in danger of being rejected by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury has to be severe enough to warrant a financial payment that will compensate you for your financial losses as well as emotional stress. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that can be awarded to a person who successfully makes a claim.