Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can increase insurance costs for doctors as well as alter the practice of medicine.

In general, doctors are under a duty to their patients to adhere to accepted medical practices. This is known as the standard of care.

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

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a duty of a doctor that was breached. Medical malpractice claims are different from other types of negligence cases because they usually involve a physician-patient relation, which can be established by documents from a doctor or telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors can also be held responsible for the incompetence or negligence of their staff, for example, assistants or interns. They may also be held responsible for the actions of emergency personnel who are under their supervision.

The plaintiff has to show that the defendant's actions did not comply with the standard of care under the circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to adhere to these guidelines. The other element is that the breach directly hurts the patient. To prove malpractice, your lawyer will need to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is referred to as proximate cause. For instance, if negligent treatment alleged to have caused the injury would not have had a negative effect on your health regardless whether it was performed or not, you would not be able to win damages for any injuries or deaths that were believed to have been caused by the physician's conduct.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient may be held accountable for negligence. In order to be successful in a medical malpractice case, the victim must prove four legal elements: a duty of professional care was in place; the physician breached this obligation; the breach led to injury; and the injury caused damages. The first aspect of a medical malpractice claim centers around the standard of care, which is determined by experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in the same or similar circumstances.

The breach of this duty occurs when he/she violates the standard of care when providing treatment to the patient. For instance, when a physician breaks a patient's arm, the doctor is not able to properly set the arm or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal in a wrong way. This could lead to either a complete or partial loss of use and financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain conditions, federal courts may also hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that decides on these cases. A majority of states have a system of state courts that deal with these matters. However, they follow different rules of court procedures than federal district courts.

Causation

Doctors swear to protect their patients and when they fail to fulfill this duty and cause harm patients may be entitled to compensation for the damages. A medical malpractice claim could also arise when a doctor decides to perform a procedure that carries known risks, and the patient would have declined the procedure had they been fully informed of all possible consequences.

The plaintiff in a case of medical malpractice must prove that the medical professional did not act in accordance with accepted guidelines for practice, and that the failure was the primary cause of the injury or illness the patient suffered, and that the injury could not have occurred except due to the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. Both parties invest a lot of time and money the preparation of a case, whether it settles or if it is a court case. This is one of the main reasons why malpractice claims are costly to both the patient and the doctor involved, and is one of the main reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the kind of medical malpractice lawyers malpractice. Compensation damages compensate victims for financial losses and expenses resulted from the negligence of the doctor like loss of income or the cost of future medical care. Non-economic damages may include the payment of physical and mental anguish.

medical malpractice attorney malpractice lawsuits are filed in state trial courts. However, there are situations where a lawsuit could be filed in federal court. This is typically the situation where a doctor works at an institution that is funded by federal funds 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 adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence could also have to face a jury trial, and face the possibility of having their claim rejected by a judge or dismissed by a juror.

To win a medical malpractice claim, you must prove that the Medical Malpractice Law Firm negligence or error caused your injury. The injury must be serious enough to warrant a financial award that covers your financial losses as well as emotional distress. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount that can be awarded to a patient who is successful in filing a claim.