Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can raise insurance costs for doctors as well as alter the medical malpractice law firm practice.

In general doctors owe their patients the duty to uphold the medical standards that are accepted without deviation or infraction. This is referred to as the standard of care.

To sue a doctor over malpractice, a patient has to be able to prove the following elements by a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The most important element of a claim for medical malpractice is that the injured party was obliged to perform a duty by the doctor that was violated. Medical malpractice cases differ from other negligence claims in that they usually involve a physician-patient relationship, which is established by documents from a doctor or phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors can be held accountable for the negligence or incompetence of their staff members, like assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel working under their supervision.

The plaintiff is then required to show that the defendant's actions did not comply with the standard of care under the circumstances. This can only be proven with expert testimony about acceptable medical practices, and the defendant's failure adhere to these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must demonstrate the direct causality and impact between the defendant's breach of duty and your injury or loved one's death. This is known as proximate causes. For instance, if the negligence alleged by the defendant wouldn't have had an adverse effect on your health irrespective whether it was performed or not, you would not be able to win damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A doctor who does not fulfill their obligation of care to a client can be held accountable for their negligence. In order to succeed in a medical negligence case, the victim must prove four legal elements which include: a duty to provide professional care was in place; the physician breached this duty; the breach caused injuries; and the damage was a cause of damages. The standard of care is the main aspect in a medical malpractice case, and it's determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or identical circumstances.

A physician is in breach of this duty when he or she strays from the standard of care when treating the patient. If a doctor fractures the arm of a patient they might fail to cast it correctly. A doctor's error can cause the broken arm to heal improperly. This can result in either a complete or partial loss of use and financial damages.

In most instances, medical malpractice claims are filed in state trial courts. However, in certain circumstances, federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Many states have a distinct system of state courts that deal with these issues. However, they are subject to different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if medical professionals fail to perform their duty to do no harm. Medical malpractice claims may also arise when a doctor is performing a procedure that has known risks and the patient would not have consented to the procedure if they had been fully informed.

In a medical malpractice lawsuit the plaintiff must demonstrate 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 primary cause of any illness or injury suffered by the patient, and the injury could not occur if it weren't for the physician’s negligence. The burden of proof, referred to as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery procedures. Both sides invest a lot of time and resources in the preparation of a case, whether it's settled or if it goes to court. This is one reason why malpractice claims are so expensive for both the patient and the doctor involved, and it is one of the reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the nature of medical negligence. Compensation damages compensate the victim for the financial loss or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical expenses. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical Malpractice Law Firms malpractice lawsuits are filed in state trial courts. However, there are instances in which a lawsuit may be filed in federal court. This is typically the case where a physician is employed by a federally-funded clinic such as the Veterans' Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are generally adversarial and involve large amounts of legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of medical negligence may also be required to endure a jury trial, and face the possibility of their claim being denied by a judge, or dismissed by a juror.

You must establish that medical negligence or mistake caused the injury you suffered to win a case for medical negligence. The injury must be severe enough that a financial award will significantly compensate for your financial losses as well as emotional pain. Furthermore, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount that could be awarded to a person who successfully makes a claim.