Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They can raise insurance costs and could alter the medical practice.

In general, doctors owe patients the obligation to adhere to the accepted medical practice without deviation or exclusion. This is known as the standard of care.

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

Duty of Care

The most important element in a medical malpractice case is that the injured person was owed a doctor's duty that was breached. As opposed to other types cases medical malpractice claims typically involve the existence of a relationship between doctor and patient. This can be established by means like medical records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors can also be held accountable for the actions of their employees, such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff must then prove that the defendant's actions did not conform to the standard of care in the circumstances. This is only proven through experts' testimony regarding acceptable Medical malpractice law firms practices, and the defendant's failure follow these standards. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's dereliction of duty and your injury, or your loved one's wrongful death. This is referred to as causal proximate. For instance, if the alleged negligent treatment could not have had an adverse effect on your health, regardless of whether or not it was done, you won't be able claim damages for any injuries, or wrongful death that was believed to be caused by the doctor's conduct.

Breach of Duty

A doctor who fails to fulfill their duty of care to the client could be held liable for negligence. In order to win a medical malpractice suit, the injured party must establish four elements: there was a duty to care, that the physician breached the obligation and the breach resulted in injury, and finally caused damage. The standard of care is the primary component in a medical malpractice lawsuit negligence case, and it's established by expert testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this duty is when he or she violates the standard of care while rendering treatment to the patient. If a physician fractures the arm of a patient they may not be able to cast the patient correctly. The doctor's infraction of this obligation causes the broken arm to heal improperly, resulting in a complete or partial loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts, but under limited 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 will hear medical malpractice cases. Most states have a specialized system of state courts that deal with these matters. However, they follow different rules of court procedures than federal district courts.

Causation

A patient may be entitled compensation for damages if doctors fail to fulfill their obligation to not cause harm. A medical malpractice claim may occur when a physician decides to perform a procedure that is associated with risks and the patient would have declined the procedure if fully informed of the possible consequences.

The plaintiff in a case of medical malpractice must prove that the physician did not adhere to accepted standards of practice, that this negligence was a direct cause of the illness or injury the patient suffered and that the harm would not have occurred but due to the negligence of the doctor. This burden of proof is also known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a lot of time and money preparing for a case, whether it is settled or if it goes to court. This is the reason why malpractice claims can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the kind of medical malpractice lawsuit negligence. Compensation damages compensate the victim for the financial losses or expenses resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages are compensation for physical pain and mental distress.

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

Lawsuits alleging medical malpractice are mostly adversarial and involve large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of medical malpractice could also be subject to the pressure of a jury trial and potentially be at risk of having their claim rejected by a judge or rejected by the jury.

You must establish that medical negligence or error caused your injury in order to be awarded a case for medical negligence. The injury must be significant enough that a financial settlement will substantially compensate for your financial losses and emotional distress. Additionally, New York medical malpractice laws provide for damage caps and other limits on the amount that may be awarded to a person who successfully makes a claim.