Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They can increase insurance costs and may alter the way doctors practice.

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

To successfully to sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements with a preponderance of evidence: duty; breach of duty; causation; and damages.

Duty of Care

The most important element in a medical malpractice case is that the person injured was owed a doctor's duty which was not fulfilled. Medical malpractice claims differ from other negligence cases because they typically involve a doctor-patient relationship that can be established by things like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

Doctors can also be held liable for the incompetence or negligence of their staff, for example, assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then prove that the defendant's actions did not comply with the standard of care under the circumstances. This can only be proven by expert testimony about acceptable medical practices and the defendant's inability to comply with these standards. The other element is that the breach directly harmed the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's dereliction of duty and your injury, or your loved one's untimely death. This is called proximate cause. If, for instance the alleged negligent act was not able to have any negative 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 death that was believed to be caused by the doctor's conduct.

Breach of Duty

A physician who fails in their duty of care towards a client can be held accountable for their negligence. In order to prevail in a medical malpractice claim, the patient must prove four legal aspects: a duty of professional care was in place and the doctor breached this obligation; the breach led to injury, and the injury resulted in damages. The primary element of a claim for medical malpractice lawsuit malpractice is the standard of care which is determined by experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar 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 physician fractures the arm of a patient, the doctor may fail to cast the right way. A doctor's error can cause the injured arm to heal incorrectly. This can result in a partial or complete loss of use, as well as financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain circumstances federal courts can be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have state courts that specialize in these matters, albeit with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if the doctor fails to meet their obligation to avoid harm. Medical malpractice claims can also arise when a doctor opts to carry out a procedure which has known risks and the patient could have refused the procedure had they been fully informed of the possible consequences.

In a lawsuit for medical malpractice the plaintiff must show that the doctor's actions were not in accordance to accepted standards of practice. This breach must have been the primary cause of any illness or injury suffered by the patient and the injury could not be the case if it wasn't due to the negligence of the doctor. The burden of proof, referred to as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, the lawyers on both sides have to spend considerable time and resources in preparing for the issue. This is why malpractice claims are costly for both the plaintiff and physician involved. It is one of the primary reasons why physicians and health care organizations support efforts to reform the tort laws in the United States.

Damages

In the event of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for monetary losses and expenses caused by the physician's negligence, such as loss of income or the costs of future medical care. Non-economic damages include the compensation for physical pain and mental anguish.

Medical malpractice claims are filed in state trial courts. However, there are situations where a lawsuit could be filed in federal court. This is typically where a physician is employed by a federally funded clinic like the Veteran's Administration, or when the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of alleged medical negligence might also have to endure a jury trial and may be in danger of having their claim rejected by a judge or dismissed by a juror.

In order to win a medical negligence claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a financial settlement will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also includes certain damage caps, and other restrictions on the amount patients can be awarded when they are successful in bringing an claim.