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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They can increase insurance costs for doctors as well as alter the way they practice medicine.

In general doctors owe patients a duty to uphold the accepted medical practice without any deviation or omission. This is referred to as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must prove each of the following legal elements with a preponderance of the evidence: breach of duty; breach of duty; causation; damages.

Duty of Care

The first element of a medical malpractice claim is that the person who was injured was legally obligated by the doctor that was not met. As opposed to other types cases, medical malpractice claims often involve the existence of an established relationship between the doctor and patient. This is established through things such as doctor's medical records and phone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors could also be liable for the negligence of their staff members, such as interns or assistants. They can also be held responsible for the actions of emergency personnel working under their supervision.

The plaintiff is then required to demonstrate that the defendant did not meet the standard care under the circumstances. This can be proved through expert testimony on acceptable medical procedures and the defendant's failure to comply with these guidelines. The second factor is that the breach directly injured the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's omission of duty and your injuries or loved one's death. This is referred to as the proximate cause. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health irrespective whether it was executed or not, you won't be able claim damages for any injuries or wrongful deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient may be held accountable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of professional care existed and the doctor breached this duty; the breach caused injury; and the injury resulted in damages. The first element of a medical malpractice claim is the standard of care which is determined by expert testimony. The standard of care is what an "reasonably cautious" doctor would do in similar or identical circumstances.

A physician violates this duty when he or she deviates from standard care while treating the patient. If a doctor breaks the arm of a patient the doctor may fail to cast the patient correctly. The doctor's lapse in obligation causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use, and further financial damages.

Medical malpractice cases are brought in state trial courts, but under certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have special state courts that deal with these cases, though they follow different court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail to uphold this obligation and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice claim may occur when a doctor decides to administer a procedure that has risks and the patient could have refused the procedure had they been fully informed of all possible consequences.

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

Lawsuits alleging medical Malpractice, kinglish.com, often include expert witnesses and lengthy pretrial discovery procedures. Both parties invest a lot of time and money the preparation of a case, whether it's settled or goes to court. This is the reason why malpractice claims are costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Depending on the type of medical malpractice attorney negligence, the victims can seek compensatory or punitive damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages are the payment of physical pain and mental anxiety.

Medical malpractice claims are generally filed in a state court of trial. There are some situations where lawsuits can be filed in federal courts. This is typically the situation when a doctor is employed at a federally funded clinic like the Veteran's Administration, or if the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are mostly adversarial and involve extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical malpractice will also have to bear the stress of an open jury trial and could risk having their claim dismissed by a judge or rejected by the jury.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be severe enough to warrant a financial award that would cover your financial losses as well as emotional pain. In addition, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that could be awarded to a person who is successful in filing a claim.