Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can raise insurance costs and can affect the medical practice.

In general, doctors are under obligations to their patients to follow accepted medical practices. This is called the standard of care.

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

Duty of Care

The most important element in a medical malpractice lawyer malpractice case is that the victim was owed a duty to a doctor that was breached. Contrary to other types of negligence cases Medical malpractice claims typically require the existence of the relationship between a doctor and patient, which can be established by means such as doctor's medical records and phone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

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

The next thing a plaintiff needs to establish is that the defendant did not meet the standards of care in the specific circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's failure to follow these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's breach of duty and your injury, or your loved one's untimely death. This concept is known as proximate causation. If, for instance the alleged negligent treatment was not able to have any negative impact on your health, irrespective of whether or not it was performed by a physician, you will not be able claim damages for any injuries or death that was believed to be caused by the doctor's actions.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to succeed in a medical negligence case, the victim must prove four legal elements that a duty of professional care was breached; the physician breached this duty; the breach caused injuries; and the damage resulted in damages. The standard of care is the first component in a medical negligence case, and medical malpractice lawsuit 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.

The physician's breach of this obligation occurs when he/she does not adhere to the standard of care while giving treatment to the patient. If a doctor breaks the arm of a patient the doctor may fail to cast it correctly. A breach by the doctor causes the broken arm heal incorrectly. This could lead to the loss of use, either in whole or in part of use, and monetary damages.

Medical malpractice cases are brought in state trial courts, although under certain conditions federal courts are also able to be able to hear these cases. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. Most states have a specialized system of state courts that handle these matters. However, they are subject to different rules of court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and when they fail to fulfill this obligation and cause injury patients may be entitled to compensation for the damages. A medical malpractice lawsuit could also arise when a doctor decides to administer a procedure which has known risks and the patient would not have opted out of the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to adhere to accepted guidelines for practice, and that this negligence was a direct cause of the illness or injury the patient suffered and that the ailment could not have occurred if it weren't for the physician's negligence. The burden of proof, known as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

The lawsuits that allege medical malpractice legal malpractice usually include expert witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, lawyers on both sides have to spend substantial time and resources in preparation for the case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Depending on the type of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the patient for the financial losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages include the payment of physical pain and mental anxiety.

Medical malpractice claims are usually filed in a state court of trial. There are some situations where an action can be filed in federal courts. This is typically the situation when a doctor is employed at a federally-funded clinic such as the Veteran's Administration, or where the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are largely adversarial in nature and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical malpractice might also have to deal with the pressure of an open jury trial and could be in danger of having their claim rejected by a judge, or dismissed by a jury.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a monetary award that covers your financial losses as well as emotional trauma. New York medical malpractice compensation malpractice law also has specific damage caps, and other limits on the amount patients can be awarded when they are successful in bringing claims.