Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They drive up physician insurance costs and could alter the way doctors practice.

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

To sue a doctor for malpractice, the patient must demonstrate the following elements with a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The primary element of a medical malpractice case is that the person who was injured was bound by a duty of the doctor that was violated. Unlike some types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which is established through things like a doctor's records and phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The next element the plaintiff must prove is that the defendant failed to meet the standards of care under the circumstances. This element can only be proven by experts' testimony regarding acceptable medical practices and the defendant's failure follow these guidelines. The second factor is that the breach directly affected the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This is referred to as causal proximate. For instance, if the alleged negligent treatment would not have had an adverse effect on your health, regardless of whether or not it was done in a way that was harmful, you will not be able to claim damages for any injuries or death, that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their obligation of care to clients can be held responsible for negligence. To win a medical malpractice case, the victim must prove four legal aspects that a duty of care or professional care was owed and the doctor violated this obligation; the breach led to injury; and the injury caused damages. The first aspect of a medical malpractice lawsuit is the standard of care which is determined through expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in the same or similar circumstances.

A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. For instance, if a doctor breaks the arm of a patient the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this duty causes the injured arm to heal incorrectly, resulting in the loss of use, whether complete or partial. of use and subsequent financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts may also be able to hear these cases. The 94 federal districts courts across the United States each have a jury and judge panel that hears these cases. A majority of states have a system of special state courts that deal with these cases, though they follow different rules of procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if a physician fails to fulfill their obligation to avoid harm. A medical malpractice lawsuit could occur when a doctor decides to perform a procedure that has risks and the patient would have opted to not undergo the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to follow accepted standards of practice, that the failure was the primary cause of the injury or illness the patient suffered and that the ailment could not have occurred except because of the negligence of the doctor. This burden of proof, known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, the attorneys on both sides invest significant time and resources preparing for the trial. This is a major reason why malpractice claims are so costly for both the plaintiff and the physician involved, and it is one of the main reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical malpractice. Compensatory damages pay for monetary losses and expenses due to the negligence of the doctor like loss of income or cost of future medical treatments. Non-economic damages include the payment of physical pain and mental anxiety.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are some instances where a lawsuit can be filed in federal court. This is typically the case when a doctor is employed at an institution that is funded by federal funds such as the Veterans' Administration, or when the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Patients who are accused of medical malpractice also may have to endure the stress of an open jury trial and could be at risk of being rejected by a judge or rejected by the jury.

You must demonstrate that medical negligence or mistake caused the injury you suffered to win a case for medical negligence. The injury must be severe enough to warrant a monetary settlement that will cover your financial losses as well as emotional trauma. In addition, New York medical malpractice laws have specific damage caps as well as other limits on the amount that may be awarded to a person who is successful in bringing a claim.