Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can raise insurance costs and can alter the medical practice.

In general doctors owe patients a obligation to follow the accepted medical practice without deviation or exclusion. This is called the standard of care.

To sue a doctor over negligence, the patient must prove the following elements with a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a duty by a doctor which was not fulfilled. In contrast to other types of negligence cases medical malpractice law firm malpractice claims typically require a relationship between doctor and patient. This could be established through documents such as doctor's medical records and phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

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

The next element a plaintiff needs to establish is that the defendant failed to adhere to the standard of care in the specific circumstances. This element can be proven through expert testimony on acceptable medical practices and the defendant's refusal to follow these guidelines. The second element of malpractice is that this breach directly caused harm to the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's failure to perform his duty and your injury or your loved one's death. This is referred to as proximate cause. If, for example, the negligent treatment claimed to be negligent did not have an adverse impact on your health, irrespective of whether or not it was performed or not, you aren't able to claim damages for any injuries, or wrongful death that was allegedly caused by the doctor's conduct.

Breach of Duty

A physician who fails to fulfill their obligation of professional care to a patient may be held accountable for negligence. To win a medical negligence lawsuit the victim must demonstrate four elements: that a duty of care existed and the doctor breached the duty and the breach resulted in injury, and finally resulted in damages. The standard of care is the most important component in a medical negligence case, and it is determined by the testimony of an expert. The standard of care is the amount an "reasonably cautious" doctor would do under similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from the norm of care while treating the patient. If a doctor breaks the arm of a patient they might fail to cast the right way. A breach by a doctor can make the broken arm heal incorrectly. This can lead to either a complete or partial loss of use, and monetary damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However under certain circumstances federal courts can hear these claims. The 94 federal districts courts across the United States each have a jury and judge panel that is responsible for hearing these cases. A majority of states have a system of state courts that deal with these cases. They do however, follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and should they violate the oath and cause injury the patient could be entitled to compensation for the damages. Medical malpractice claims can also be brought when a doctor administers a procedure with known risks, and Malpractice the patient would not have consented to the procedure had they been fully informed.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. This failure was the sole cause of any illness or injury suffered by the patient and the injury would never occur if it weren't because of the doctor's negligence. This burden of proof is known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, the attorneys on both sides invest an enormous amount of time and effort preparing for the matter. This is why malpractice lawsuits can be costly for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Depending on the kind of medical negligence, the victims may be able to recover punitive and malpractice compensatory damages. Compensation damages are awarded to compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes the loss of income as well as future medical malpractice lawyer expenses. Non-economic damages are the payment of physical pain and mental distress.

Medical malpractice claims are usually filed in a state trial court. However, there are certain situations where a suit could be filed in federal court. It's usually the case when a doctor is employed by a federally-funded medical clinic, like the Veteran's administration or if the doctor is from another country but is practicing in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of alleged medical negligence may also have to stand trial before a jury and are at risk of their claim being denied by a judge or rejected by a jury.

To be successful in a medical malfeasance claim, you must prove that the medical error or negligence caused your injury. The injury must be severe enough that a financial award is sufficient to cover your financial losses as well as emotional pain. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount that may be awarded to a patient who is successful in filing a claim.