Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase insurance costs and may alter medical practice.

In general, doctors have the obligation to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

To successfully claim a doctor's negligence, the patient must show each of these legal elements with the preponderance of evidence: breach of duty; breach of that obligation; causation; damages.

Duty of Care

The first element of a medical malpractice claim is that the injured party was bound by a duty of the doctor that was breached. Unlike some types of negligence cases medical malpractice claims typically require the relationship between a doctor and patient, which is established through things like a doctor's records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors may also be accountable for the wrongful actions of their staff members, like interns or assistants. Furthermore, they can be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff must then establish that the defendant's actions did not adhere to the standard of medical care in the circumstances. This element can only be proven with expert testimony regarding acceptable medical practices, and the defendant's reluctance to comply with these standards. 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 omission of duty and your injury, or your loved one's death. This is referred to as proximate causation. For instance, if the negligence alleged by the defendant wouldn't have had an adverse impact on your health regardless whether it was performed or not, you would not be able to claim damages for any injuries or deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. To prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects: a duty of professional care existed and the doctor violated this obligation; the breach led to injury, and the injury led to damages. The primary element of a medical malpractice lawyer malpractice claim centers around the standard of care which is determined through expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this duty is when he or she deviates from the standard of care while providing treatment to the patient. If a doctor fractures the arm of a patient they may not be able to cast it correctly. The physician's failure to perform this duty causes the injured arm to heal improperly, resulting in the complete or partial loss of use and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain circumstances, federal courts can also be able to hear these cases. The 94 federal districts courts across the United States each have a judge and jury panel that decides on these cases. A majority of states have state courts that are specialized to handle these matters, albeit 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 which has known risks and the patient would have declined the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical negligence case must show that the doctor failed to comply with accepted standards of practice, that this failure was a direct cause for the injury or illness that the patient was suffering from, and that the injury could not have occurred if it weren't because of the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the issue. This is why malpractice cases can be expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensatory damages compensate the patient for the financial loss or costs resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages are compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are situations in which a lawsuit may be filed in federal court. This is typically where a doctor is employed by a federally-funded clinic like the Veteran's Administration, or if the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve significant legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical negligence may also have to endure a jury trial and are at risk of their claim being rejected by a judge or rejected by a jury.

To be successful in a medical malfeasance claim, you must show that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a financial payment that will compensate you for your financial losses as well as emotional trauma. Furthermore, New York medical malpractice attorney malpractice laws have specific damage caps as well as other limits on the amount that could be awarded to a person who is successful in bringing a claim.