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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can raise insurance costs and could alter medical malpractice attorneys practice.

In general, doctors owe patients the obligation to follow the accepted medical practice without deviation or omission. This is known as the standard of care.

To sue a physician for malpractice, the patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The most important element in a medical malpractice case is that the victim was owed a duty by a doctor which was not fulfilled. Unlike some types of negligence cases, medical malpractice claims often require the existence of a physician-patient relationship, which can be established through things like doctor's records or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, like assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff has to establish that the defendant's actions didn't comply with the standard of care under the circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's failure to adhere to these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's omission of duty and your injury, or your loved one's death. This is called proximate cause. For instance, if negligent treatment alleged to have caused the injury would not have had a negative impact on your health, regardless of whether it was performed or not, you won't be able to claim damages for any injuries or deaths that were caused by the doctor's actions.

Breach of Duty

A physician who fails in their duty of care towards the client may be held responsible for negligence. In order to win a medical malpractice lawsuit the plaintiff must demonstrate four elements: that a duty of care existed, that the physician breached the obligation and the breach caused injury and finally the injury caused damage. The standard of care is the first element in a medical malpractice case, and it's determined by an expert's testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this duty occurs when he is not following the standard of care in providing treatment to the patient. If a doctor fractures the arm of a patient they may not be able to cast it correctly. A breach by the doctor causes the broken arm to heal in a wrong way. This could result in an incomplete or total loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts are also able to take on 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. A majority of states have a system of state courts that deal with these cases. However, they are subject to different rules for court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and when they fail to fulfill this obligation and cause injury the patient could be legally entitled to compensation for their losses. Medical malpractice claims can also arise when the doctor administers a procedure with known risks, and the patient would not have consented to the procedure if they had been fully informed.

In a lawsuit for medical malpractice the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This breach must have been the direct cause of any injury or illness suffered by the patient and the injury would never have occurred if not for the physician’s negligence. The burden of proof, referred to as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pre-trial discovery hearings. Both sides spend a lot of time and money prepping for a trial, whether it's settled or if it goes to court. This is one of the main reasons why malpractice claims are so costly for both the plaintiff and the medical professional involved, and it is one of the main reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

In the event of medical negligence, victims can seek compensatory or punitive damages. Compensatory damages pay for monetary losses and expenses caused by the physician's negligence like loss of income or cost of future medical treatments. Non-economic damages may include the payment of physical and lawsuit mental anguish.

Medical malpractice claims are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. This is typically the case when doctors are employed by a federally funded clinic like the Veteran's administration or in the case of a doctor who is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical negligence may also have to go through a jury trial and are at risk of having their claim rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury to win an action for medical malpractice. The injury has to be severe enough to warrant a monetary award that covers your financial losses and emotional distress. Additionally, New York medical malpractice laws have damages caps and other limitations on the amount that can be awarded to a patient who is successful in bringing a claim.