Four Elements of a Medical Malpractice Case

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

In general doctors owe patients a obligation to adhere to the accepted medical practice without any deviation or the slightest omission. This is referred to as the standard of care.

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must prove each of the following legal elements using the preponderance of evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The most important element in a medical malpractice case is that the victim was owed a doctor's duty which was not fulfilled. Unlike some types of negligence cases Medical malpractice claims typically require a relationship between doctor and patient. This can be established through things like a doctor's records and telephone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and practice.

However, doctors could be accountable for the wrongful actions of their staff members, like interns or assistants. They could also be held responsible for the actions of emergency personnel under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standard of care in the specific circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's inability to adhere to these standards. The second aspect is that the breach directly injured the patient. To prove malpractice your lawyer needs to prove that the defendant's breach of duty directly caused your injury or the wrongful death of your loved one. This concept is known as causal proximate. If, for instance, the negligent treatment you claim to have received did not have any negative impact on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to get compensation for any injuries or death that was allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient could be held accountable for negligent behavior. In order to be successful in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of professional care was owed; the physician breached this duty; the breach caused injury; and the result caused damages. The standard of care is the primary component in a medical negligence case, and it is determined by an expert's testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would perform in the same or similar circumstances.

A doctor is in violation of this obligation when he or her deviates from the standard of care when treating the patient. For instance, when a physician breaks a patient's arm, the doctor fails to correctly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken arm to heal improperly, resulting in partial or full loss of use and subsequent financial damages.

Medical malpractice cases are brought in state trial courts. However, under certain circumstances, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have special state courts that deal with the cases, although they have different rules for court procedure than federal district courts.

Causation

Physicians swear to protect their patients and should they violate that duty and cause injury, a patient may be entitled to compensation for damages. searcy Medical malpractice law firm malpractice claims can also be brought 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's actions were not in accordance with accepted standards of practice. This failure must have been the main cause of any injury or illness suffered by the patient and the injury would not have occurred but because of the negligence of the physician. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits often involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides invest a lot of time and resources in making preparations for a case whether it settles or if it goes to court. This is why malpractice cases can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care groups support efforts to reform tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the type of medical malpractice. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain and mental stress.

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

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of garfield medical malpractice lawsuit negligence may also be required to face a jury trial and are at risk that their claim will be rejected by a judge, or dismissed by a juror.

To win a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be severe enough to warrant a financial award that covers your financial losses as well as emotional pain. New York northbrook medical malpractice lawsuit malpractice law also has damage caps, and other limits on the amount a patient can receive should they be successful in filing claims.