Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can raise insurance costs and may alter medical malpractice attorney practice.

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 malpractice, a patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The most important element of a medical malpractice claim is that the party who suffered was legally obligated by the doctor that was breached. In contrast to other types of negligence cases, medical malpractice claims often require an established relationship between the doctor and patient. This is established through things such as doctor's medical records and phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors can also be held accountable for the negligence or incompetence of their staff, such as interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff is then required to establish that the defendant's actions didn't comply with the standard of care under the circumstances. This is only able to be proved through experts' testimony regarding acceptable medical practices, and the defendant's refusal to follow these guidelines. The second aspect of malpractice is that this breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's breach of duty and your injuries or loved one's wrongful death. This concept is known as the proximate cause. If, for instance, the alleged negligent treatment would not have had an adverse impact on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to get compensation for any injuries, or even wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care to the client could be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal aspects that a duty of care or professional care was breached and the doctor breached this obligation; the breach led to injury, and the injury led to damages. The first aspect of a medical malpractice claim revolves around the standard of care which is determined through expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's violation of this duty occurs when he deviates from the standard of care in providing treatment to the patient. If a doctor fractures the arm of a patient, they may not be able to cast the arm correctly. The doctor's breach of this duty causes the broken arm to heal improperly, resulting in the loss of use, whether complete or partial. of use and monetary damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances federal courts can also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Many states have a distinct system of state courts that handle these matters. They do however, follow different rules of court procedures than federal district courts.

Causation

Physicians take an oath to not cause harm, and should they violate that duty and cause injury the patient could be legally entitled to compensation for their losses. A medical malpractice claim may be brought up when a doctor decides to administer a procedure which has known risks and the patient could have refused the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not follow accepted guidelines for practice, and that this negligence was the direct cause of the illness or injury the patient suffered, and that the injury could not have occurred except because of the negligence of a physician. This burden of proof, also known as "preponderance" of evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the matter. This is the reason why malpractice claims are costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the nature of medical negligence. Compensatory damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages may include the payment of physical and mental suffering.

Medical malpractice claims are usually filed in a state trial court. However, there are situations in which a lawsuit may be filed in federal court. It is usually the case when the doctor is employed by a clinic that is funded by federal funds, like the Veteran's administration, or in the case of a doctor who is from another country but is practicing in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are usually adversarial and involve an extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice also may have to endure the pressure of a jury trial and may be at risk of 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 must be severe enough that a monetary award would substantially make up for your financial losses and emotional pain. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that may be awarded to a patient who is successful in filing a claim.