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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They drive up physician insurance costs and could alter the way doctors practice.

In general, doctors are under obligations to their patients to follow accepted medical practices. This is referred to as the "standard of care.

To sue a physician for negligence, the patient must prove the following elements with a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice law firms malpractice claim is that the victim was owed a duty by the doctor that was breached. Medical malpractice claims are different from other types of negligence cases in that they typically involve a doctor-patient relation, which can be established by things like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

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

The plaintiff is then required to show that the defendant's conduct did not adhere to the standard of medical care in the circumstances. This can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's failure comply with these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove malpractice, your lawyer will need to show that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This is known as proximate reason. If, for instance the alleged negligent treatment would not have had an adverse impact on your health, regardless of whether or not it was performed or not, you aren't able to get compensation for any injuries or death that was allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of care to the client could be held accountable for their negligence. In order to succeed in a medical negligence case, the injured patient must prove four legal aspects which include: a duty to provide professional care was in place and the doctor violated this obligation; the breach led to injury; and the injury led to damages. The first element of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.

A physician violates this duty when he or she strays from the norm of care while treating the patient. If a doctor fractures the arm of a patient they may not be able to cast the arm correctly. A doctor's breach causes the broken arm to heal in a wrong way. This could result in an incomplete or total loss of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts, but under limited 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 will hear medical malpractice cases. The majority of states have special state courts that deal with these matters, albeit with different court procedures than federal district courts.

Causation

Doctors swear to do no harm, and if they fail in their duty to uphold the oath and cause injury the patient could be legally entitled to compensation for their losses. Medical malpractice claims may also arise when a doctor administers a procedure with known risks and the patient wouldn't have consented to the procedure had they been fully informed.

In a lawsuit for medical malpractice the plaintiff must show that the doctor's actions were not in accordance to accepted standards of practice. This breach was the sole cause of any injury or illness suffered by the patient, and the ailment would never occur if it weren't because of the negligence of the physician. This burden of proof is known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. Both sides invest a lot of time and resources in making preparations for a case whether it is settled or goes to court. This is one of the main reasons why malpractice claims are so expensive for both the patient and the doctor involved. It is one of the main reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the nature of medical malpractice. Compensatory damages compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are instances where a lawsuit could be filed in federal court. This is typically the situation where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or if the doctor is from another country, but is working 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 the production of documents. The victims of medical negligence may also be required to stand trial before a jury and risk the possibility of having their claim rejected by a judge, or dismissed by a juror.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional stress. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that can be awarded to a patient who is successful in bringing a claim.