• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and significant threat to doctors. They can increase insurance costs and may alter the practice of medicine.

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

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

Duty of Care

The most important element in a medical malpractice case is that the person injured was owed a duty to a doctor that was breached. In contrast to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This is established through things like medical records and phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

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

The plaintiff must then prove that the defendant's conduct did not comply with the standard of care under the circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's inability to comply with these standards. The second element of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's breach of duty and your injuries or loved one's untimely death. This is referred to as the proximate cause. If, for instance the negligent treatment claimed to be negligent could not have had an adverse impact on your health, regardless of whether or not it was performed, you won't be able be awarded damages for any injuries or death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient may be held accountable for negligent behavior. In order to win a medical negligence lawsuit the victim must establish four elements: there was a duty to care and that the doctor breached the obligation, that the breach resulted in injury, and that the injury resulted in damages. The primary element of a medical malpractice case is the standard of care, which is determined by experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or similar circumstances.

A physician breaches this duty when he or her deviates from the normal care of the patient. If a physician fractures the arm of a patient, they may not be able to cast the patient correctly. A doctor's error can cause the broken arm to heal in a wrong way. This can lead to a partial or complete loss of usage, and also financial damages.

In most instances, medical malpractice lawsuit malpractice claims are filed with state trial courts. However in certain situations federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have a special system of state courts that deal with the issues. They do however, follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to prevent harm. Medical malpractice claims can occur when a doctor decides to administer a procedure that carries known risks, and the patient would have declined the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the physician did not act in accordance with accepted guidelines for practice, and that the failure was the direct cause of the injury or illness that the patient was suffering from, and that the injury would not have happened but due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert testimony and lengthy pretrial discovery processes. If the case settles or goes to trial, lawyers on both sides have to spend an enormous amount of time and effort preparing for the trial. This is a major reason that malpractice claims are expensive for both the plaintiff and the doctor involved, and it is one of the main reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Based on the nature of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for monetary losses and expenses caused by the negligence of a physician which includes loss of income or the cost of future medical malpractice lawyer care. Non-economic damages can include the payment of physical and mental stress.

Medical malpractice lawsuits are typically filed in a state trial court. There are a few instances where an action can be filed in federal courts. This is typically the case where a doctor is employed by an institution that is funded by federal funds, such as 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.

Legal actions involving medical malpractice are mostly adversarial and involve extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. The victims of medical malpractice also may have to endure the stress of a jury trial and may be in danger of being rejected by a judge or dismissed by a jury.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a financial award would substantially make up for your financial losses as well as emotional distress. Furthermore, New York medical malpractice law firm 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.