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Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They drive up physician insurance costs and may alter the way doctors practice.

In general, doctors have a duty to their patients to follow accepted medical practices. This is referred to as the "standard of care.

To successfully sue a doctor for malpractice, the patient must show each of these legal elements by a preponderance of the evidence: breach of duty, breach of that duty, causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a doctor's duty that was breached. In contrast to other types of negligence cases medical malpractice claims usually involve the existence of the relationship between a doctor and patient, which can be established by means like medical malpractice law firm records and phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be accountable for the wrongful actions of their employees, such as interns or assistants. They may also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff is then required to prove that the defendant's actions didn't adhere to the standard of medical care in the circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to adhere to these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury or your loved one's untimely death. This is called proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health, regardless whether it was executed or not, then you wouldn't be able to win damages for any injuries or wrongful deaths that were allegedly 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. To succeed in a medical negligence case, the injured patient must prove four legal aspects that a duty of professional care was owed and the doctor violated this obligation; the breach led to injury; and the result caused damages. The standard of care is the first aspect in a medical malpractice case, and it's established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this duty occurs when he does not adhere to the standard of care when providing treatment to the patient. For instance, if the doctor breaks a patient's arm, the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken arm to heal improperly, resulting in the complete or partial loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts. However, under certain circumstances, federal courts may also 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. The majority of states have state courts that specialize in the cases, although they have different court procedures than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to avoid harm. A medical malpractice claim may also arise when a doctor performs a treatment with known risks, and the patient wouldn't have consented to the procedure if they had been fully informed.

The plaintiff in a medical negligence case must show that the doctor did not adhere to accepted guidelines for practice, and that this failure was the direct cause of the illness or injury the patient was suffering from and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof, also known as "preponderance" of evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the issue. This is why malpractice cases can be costly for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health care groups support efforts to reform the tort laws in the United States.

Damages

Depending on the type of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate the patient for the financial losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice claims are usually filed in a state court of trial. There are a few instances where the lawsuit may be filed in federal courts. It is usually the case when the doctor is employed by a federally-funded Medical malpractice Law firm clinic, like the Veteran's administration or when the doctor is from another country, but is working 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 production of documents. Victims of alleged medical malpractice could also be subject to the pressure of an open jury trial and could be at risk of being rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or error caused your injury to be able to make an action for medical malpractice. The damage must be serious enough that a cash award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has damages caps and limitations on the amount an individual patient could be awarded when they are successful in bringing an appeal.