Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for physicians and change medical practice.

In general doctors owe patients a obligation to adhere to accepted medical practices without any deviation or exclusion. This is known as the standard of care.

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

Duty of Care

The first element of a medical malpractice case is that the person who was injured was bound by a duty of the doctor that was not met. Unlike some types of negligence cases medical malpractice claims typically involve the existence of a physician-patient relationship, which can be established through things like medical records and telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff members, like assistants or interns. They could also be held accountable for the actions of emergency personnel under their supervision.

The plaintiff must then establish that the defendant's conduct did not conform to the standard of care in the circumstances. This element is only proven through expert testimony regarding acceptable medical practices, and the defendant's reluctance to adhere to these standards. The second element of malpractice is that the breach directly harmed the patient. To prove that you have committed a crime your lawyer must to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is known as proximate causes. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless whether it was performed or not, you would not be able claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their duty of care to the client could be held responsible for negligence. To win a medical negligence lawsuit the victim must establish four elements: there was a duty to care and that the doctor breached the obligation, that the breach caused injury and finally the injury caused damage. The first element of a medical malpractice lawsuit centers around the standard of care which is determined by experts' testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this obligation occurs when he/she does not adhere to the standard of care while providing treatment to the patient. If a physician breaks the arm of a patient, they might fail to cast the arm correctly. The doctor's breach of this obligation causes the broken part to heal incorrectly, resulting in partial or full loss of use and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts can hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. A majority of states have state courts that are specialized to handle these cases, but with different rules of procedure than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to avoid harm. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that has risks and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor did not comply with accepted standards of practice, that the failure was the primary cause of the illness or injury the patient was suffering from and that the ailment could not have occurred if it weren't because of the negligence of a physician. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a lot of time and money preparing for a case, medical malpractice lawsuit whether it settles or if it is a court case. This is one of the main reasons that malpractice claims are costly for both the plaintiff and the physician involved, and Medical Malpractice Lawsuit is one of the reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the type of medical negligence. Compensatory damages pay for the financial losses and expenses caused by the physician's negligence for example, loss of income or costs of future medical care. Non-economic damages are the payment of physical pain and mental stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. It's usually the case when the doctor is employed by a federally funded clinic such as the Veteran's Administration or when the doctor is from another country but is practicing in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and require an extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical negligence may also be required to face a jury trial and risk the possibility of their claim being denied by a court or dismissed by a jury.

You must establish that medical negligence or mistake caused your injury to be able to make a lawsuit for medical malpractice. The damage must be severe enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional pain. In addition, New York medical malpractice laws provide for damages caps and other limitations on the amount which can be awarded to a person who is successful in filing a claim.