Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can increase insurance costs for doctors and alter the way they practice medicine.

In general doctors owe their patients the obligation to follow the medical standards that are accepted without deviation or omission. This is called the standard of care.

To sue a physician 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 of a medical malpractice case is that the injured party was owed a duty by the doctor that was not met. As opposed to other types cases Medical malpractice claims typically require a physician-patient relationship, which can be established by means like a doctor's records and telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

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

The plaintiff must then demonstrate that the defendant's conduct did not meet the standard care under the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's failure to follow these guidelines. The second element is that the breach directly hurts the patient. To prove malpractice your lawyer needs to prove that the defendant's breach of duty directly caused your injury or death of a loved one. This concept is known as causal proximate. For instance, if an negligence alleged by the defendant wouldn't have had a negative impact on your health irrespective of whether it was done or not, you wouldn't be able claim damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical negligence lawsuit the victim must prove four elements: that a duty of care existed, that the physician breached the duty, that the breach resulted in injury, and that the injury resulted in damages. The standard of care is the main element in a medical Malpractice Lawyers malpractice case, and it is determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or similar circumstances.

A physician violates this duty when he or she deviates from the norm of care while treating the patient. For instance, if the doctor breaks the arm of a patient, the doctor fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal in a wrong way. This could result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts. However, under certain circumstances federal courts are also able to hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that is responsible for hearing these cases. Most states have a specialized system of state courts that deal with the issues. However, they have different rules of court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and if they fail to uphold this obligation and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice claim could be brought up when a doctor decides to perform a procedure that has risks and the patient would have opted to not undergo the procedure had they been fully informed of the potential consequences.

In a medical malpractice law firm malpractice lawsuit the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This failure was the sole cause of any injury or illness suffered by the patient, and the injury could not be the case if it wasn't because of the doctor's negligence. The burden of proof, referred to as "preponderance" of evidence is less demanding than "beyond reasonable doubt" that is required 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 lawyers on both sides have to spend an enormous amount of time and effort preparing for the trial. This is the primary reason why malpractice claims are so costly for both the plaintiff and the medical professional affected, and is one of the reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the kind of medical malpractice. Compensation damages compensate the victim for the monetary losses or expenses resulting from the doctor's negligence. This includes income loss and future medical costs. Non-economic damages are compensation for physical pain and mental stress.

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

Lawsuits claiming medical malpractice are mostly adversarial and require an extensive legal discovery. This includes written interrogatories and depositions as well as requests for medical malpractice lawyers documents. The victims of medical negligence may also have to face a jury trial and may be in danger of having their claim rejected by a court or dismissed by a juror.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The injury must be severe enough to warrant a monetary award that would cover your financial losses as well as emotional pain. New York medical malpractice law also has damage caps, as well as limits to the amount that a patient can receive should they be successful in filing an claim.