Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They can increase the cost of insurance for doctors as well as alter the way they practice medicine.

In general, doctors have a duty to their patients to adhere to accepted medical practices. This is called the standard of care.

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must show each of these legal elements by the preponderance of evidence: breach of duty; breach of that duty; causation; and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the victim was owed a duty to a doctor that was violated. Contrary to other types of negligence cases medical malpractice claims typically require the existence of the relationship between a doctor and patient, which can be established through things like medical records and telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

Doctors can be held accountable for the negligence or incompetence of their staff members, for example, assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel under their supervision.

The plaintiff then has to show that the defendant did not conform to the standard of care in the circumstances. This can only be proven by experts' testimony regarding acceptable medical practices and the defendant's refusal to adhere to these guidelines. The second element is that the breach directly hurts the patient. To prove that you have committed a crime your lawyer must to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This is called proximate cause. If, for instance, the alleged negligent act would not have had an adverse effect on your health, regardless of whether or not it was performed or not, you aren't able to win damages for any injuries, or wrongful death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A doctor who does not fulfill their obligation of care to the client may be held accountable for their negligence. To win a medical malpractice case the victim must establish four elements: there was a duty to care and the physician violated the duty and that the breach resulted in injury, and that the injury resulted in damages. The standard of care is the most important component in a medical negligence case, and it's determined by expert testimony. The standard of care is the amount an "reasonably cautious" doctor would do in similar or identical circumstances.

A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. If a physician breaks the arm of a patient they may not be able to cast the right way. The doctor's lapse in duty causes the injured arm to heal incorrectly, resulting in partial or full loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts, but under certain circumstances federal courts may 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. The majority of states have a system of special state courts that deal with these cases, though they follow different court procedures than federal district courts.

Causation

Doctors swear to do no harm, and when they fail to fulfill this duty and cause harm the patient could be entitled to compensation for any damages. A medical malpractice claim can also be brought when a doctor is performing a procedure that has known risks and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a medical malpractice case must show that the doctor did not comply with accepted guidelines for practice, and that the doctor's negligence was a direct 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. This burden of proof is known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, attorneys on both sides spend significant time and resources preparing for the trial. This is why malpractice lawsuits are costly for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health care groups support efforts to reform tort laws in the United States.

Damages

Depending on the kind of Medical malpractice law firm negligence, victims can seek compensatory or punitive damages. Compensatory damages compensate patients for monetary losses and expenses caused by the physician's negligence which includes loss of income or cost of future medical treatments. Non-economic damages are compensation for physical pain as well as mental distress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are instances when lawsuits can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded clinic such as the Veteran's Administration, or in the case of a doctor who is from other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. The victims of medical malpractice attorneys negligence may also have to go through a jury trial and are at risk of having their claim rejected by a judge or rejected by a jury.

You must establish that medical negligence or error caused the injury you suffered to win an action for medical malpractice. The injury must be significant enough that a monetary award is sufficient to cover your financial losses and emotional stress. New York medical malpractice law also has specific damage caps, as well as restrictions on the amount an individual patient could be awarded when they are successful in bringing claims.