Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They can increase insurance costs and can affect medical practice.

In general, doctors are under obligations to their patients to adhere to accepted medical practices. This is called the standard of care.

To sue a doctor over malpractice, a patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The most important element of a medical negligence claim is that the person who was injured was bound by a duty of the doctor that was violated. Medical malpractice cases differ from other types of negligence claims in that they often involve a physician-patient relationship that can be established through things like doctor's records or phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors may also be held accountable for the negligence of their staff members, such as interns or assistants. They may also be held responsible for the actions of emergency personnel who are under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to adhere to the standard of care in the circumstances. This element can only be proven by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's failure to perform his duty and your injury, or your loved one's untimely death. This is known as proximate reason. For instance, if the negligent treatment claimed to be negligent would not have had an adverse effect on your health, regardless of whether or not it was done, you won't be able be awarded damages for any injuries or death that was believed to be caused by the behavior of the doctor.

Breach of Duty

A doctor who does not fulfill their obligation of care to clients can be held responsible for negligence. In order to succeed in a medical malpractice attorney negligence claim, the patient must prove four legal aspects: a duty of professional care existed; the physician breached this duty; the breach caused injury; and the injury led to damages. The first element of a claim for medical malpractice revolves around the standard of care, which is determined by experts' testimony. The standard of care is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this obligation occurs when he does not adhere to the standard of care when giving treatment to the patient. For instance, if a doctor breaks the arm of a patient and does not correctly set it or fails to cast the broken arm. The doctor's infraction of this duty causes the broken arm to heal improperly, resulting in partial or full loss of use, and further financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can consider these claims. The 94 federal district courts across the United States each have a jury and judge panel that is responsible for hearing these cases. A majority of states have special state courts that deal with these cases, though they follow different rules of procedure than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by the doctor fails to meet their obligation to not cause harm. A medical malpractice lawsuit could be brought up when a doctor decides to administer a procedure that carries known risks, and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical negligence case must show that the doctor did not comply with accepted guidelines for practice, and that the failure was the primary cause of the illness or injury the patient was suffering from, and that the injury would not have happened but because of the negligence of a physician. The burden of proof, known as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery proceedings. Both parties invest a lot of time and money making preparations for a case whether it's settled or if it goes to court. This is why malpractice lawsuits can be expensive for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the nature of medical negligence. Compensatory damages pay for the financial losses and expenses caused by the physician's negligence, such as loss of income or the expense of future medical treatment. Non-economic damages could include compensation for mental and physical anxiety.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is usually the case where a doctor is employed by a federally funded clinic, such as the Veteran's Administration, or if the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve an extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of medical malpractice also may have to endure the pressure of a jury trial and potentially face the threat of being rejected by a judge or rejected by a jury.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a cash award will significantly compensate for your financial losses and emotional distress. New York medical malpractice law also includes certain damage caps, and other limitations on the amount an individual patient could be awarded after proving an claim.