Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They can increase insurance costs for doctors and alter the practice of medicine.

In general, doctors are under an obligation to their patients to adhere to accepted medical practices. This is known as the standard of care.

To successfully to sue a doctor for negligence, the patient must prove each of the following legal elements by a preponderance of evidence: breach of that obligation; causation; damages.

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was obliged to perform a duty by the doctor that was not met. Medical malpractice claims are different from other types of negligence cases because they usually involve a physician-patient relationship, which can be established through documents from a doctor or phone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and practice.

However, doctors could also be accountable for the wrongful actions of their employees, such as assistants or interns. They could also be held responsible for the actions of emergency personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant failed to meet the standard of care in the specific circumstances. This element can be proven through expert testimony on acceptable medical procedures and the defendant's failure to comply with these standards. The other element is that the breach directly harmed the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's omission of duty and your injuries or loved one's death. This is referred to as proximate cause. For instance, if the alleged negligent treatment could not have had an adverse impact on your health, irrespective of whether or not it was done or not, you aren't able to get compensation for any injuries, or even wrongful death that was allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient may be held accountable for negligence. To win a medical negligence lawsuit the person who suffered must prove four elements: that there was a duty of care and the physician violated the obligation and that the breach caused injury and finally the injury caused damages. The standard of care is the primary element in a medical malpractice case, and it's established by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in similar circumstances.

A doctor is in violation of this obligation when he or she strays from the normal care of the patient. If a physician fractures the arm of a patient, they may not be able to cast the arm correctly. A breach by a doctor can make the broken arm to heal improperly. This could lead to either a complete or partial loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances, federal courts can also hear these claims. The 94 federal district courts across the United States each have a jury panel and judge that hears these cases. A majority of states have specialized state courts that handle these matters, albeit with different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to not cause harm. A medical malpractice claim could also arise if the doctor performs a treatment with known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a medical malpractice case, the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. This failure must have been the direct cause of any illness or injury that the patient suffered, and the ailment would never be the case if it wasn't due to the negligence of the doctor. This burden of proof is known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, attorneys from both sides spend substantial time and resources in preparation for the trial. This is one of the main reasons why malpractice claims are so costly for both the plaintiff and the doctor affected, and is one of the reasons that doctors and health care groups are a part of efforts to reform tort law in the United States.

Damages

Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the monetary losses or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical costs. Non-economic damages include the payment of physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are some situations where an action can be filed in federal courts. This is typically the case where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or when the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of medical malpractice will also have to bear the pressure of the jury trial, and possibly be at risk of being denied their claim 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 significant enough that a cash award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has specific damage caps, and other restrictions on the amount a patient can receive when they are successful in bringing claims.