Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase insurance costs and can alter the way doctors practice.

In general, doctors have an obligation to their patients to follow accepted medical practices. This is called the standard of care.

To sue a physician for negligence, the patient must prove the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element of a medical negligence claim is that the party who suffered was legally obligated by the doctor who was not fulfilled. Medical malpractice claims are different from other negligence cases in that they typically involve a patient-physician relationship, which can be established through things like doctor's records or phone consultations. In general, doctors who treat their patients must adhere to accepted standards of their profession and practice.

However, doctors may also be held accountable for the actions of their staff members, like assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel who are under their supervision.

The plaintiff has to show that the defendant did not comply with the standard of care under the circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's inability to adhere to these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's untimely death. This is referred to as causal proximate. For example, if the negligence alleged by the defendant wouldn't have had a negative effect on your health regardless whether it was executed or not, you won't be able claim damages for any injuries or deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligent behavior. In order to succeed in a medical negligence case, the injured patient must prove four legal aspects that a duty of professional care existed and the physician violated this obligation; the breach led to injury, and the injury was a cause of damages. The standard of care is the main element in a medical malpractice case, and is determined by the testimony of an expert. The standard of care is what a "reasonably prudent" doctor would do under similar or similar circumstances.

A physician is in breach of this duty when he or she strays from the normal care of the patient. For instance, when a doctor breaks a patient's arm, the doctor does not correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal in a wrong way. This can result in either a complete or partial loss of use and financial damages.

In most instances, medical malpractice cases are filed in state trial courts. However under certain circumstances federal courts are also able to consider these claims. The 94 federal district courts across the United States each have a jury and judge panel that handles these cases. Many states have a distinct system of state courts that handle these cases. However, they follow different rules for court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. Medical malpractice claims can also arise when the doctor is performing a procedure that has known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a case of medical malpractice, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. The failure to follow the standard of care must have been the direct cause of any illness or injury that the patient suffered, and the injury would not occur if it weren't due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence, is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert testimony and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the matter. This is the primary reason that malpractice claims are costly to both the patient and the doctor involved, and is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages include the payment of physical pain and mental distress.

Medical malpractice lawsuits are filed in state trial courts. There are a few instances where the lawsuit may be filed in federal courts. This is typically the case when the doctor is employed by a federally-funded medical clinic like the Veteran's administration or when the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.

Legal actions involving medical malpractice are generally adversarial and involve large amounts of legal discovery. This includes depositions, written interrogatories and requests for production of documents. Patients who are accused of medical malpractice might also have to deal with the pressure of the jury trial, and possibly be in danger of having their claim rejected by a judge or rejected by a jury.

You must demonstrate that medical malpractice law firms negligence or error caused your injury to be able to make a case for medical negligence. The damage must be severe enough to warrant a financial award that covers your financial losses as well as emotional trauma. New York medical malpractice law also has damages caps and restrictions on the amount a patient can receive after proving an appeal.