Four Elements of a Medical Malpractice Case

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

In general doctors owe patients a duty to uphold the medical standards that are accepted without any deviation or infraction. This is known as the standard of care.

To sue a physician for 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 claim is that the injured party was obliged to perform a duty by the doctor that was violated. Contrary to other types of negligence cases medical malpractice claims typically involve the existence of a physician-patient relationship, which can be established by means like a doctor's records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff, for example, assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel working under their supervision.

The next thing that a plaintiff has to prove is that the defendant did not meet the standard of care in the circumstances. This is only able to be proved through expert testimony regarding acceptable medical practices, and the defendant's inability to comply with these standards. The second aspect is that the breach directly hurts the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's failure to perform his duty and your injury, or your loved one's death. This is known as proximate reason. If, for instance, the alleged negligent act was not able to have an adverse impact on your health, irrespective of whether or not it was performed, you won't be able claim damages for any injuries, or even wrongful death, that were allegedly caused by the doctor's conduct.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. To win a medical malpractice suit, the injured party must demonstrate four elements: that there was a duty to care and the doctor breached the obligation and that the breach resulted in injury and finally the injury caused damage. The primary element of a medical malpractice lawsuit revolves around the standard of care which is determined by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this duty is when he or she violates the standard of care while providing treatment to the patient. If a doctor fractures the arm of a patient, the doctor may fail to cast the patient correctly. A doctor's breach causes the broken arm heal incorrectly. This could lead to the loss of use, either in whole or in part of use, and monetary damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances, federal courts can also be able to hear these cases. The 94 federal district courts across the United States each have a jury and judge panel that hears these cases. Many states have a distinct system of state courts that handle these matters. However, they have different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if a physician fails to fulfill their obligation to not cause harm. A opa locka medical malpractice lawsuit malpractice lawsuit could also arise when a doctor chooses to perform a treatment that carries known risks, and the patient would have declined the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional failed to act in accordance with accepted standards of practice, that the doctor's negligence was a direct cause for the illness or injury the patient was suffering from and that the harm could not have occurred if it weren't because of the negligence of the doctor. This burden of proof, also known as "preponderance" of evidence, is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a significant amount of time and resources in making preparations for a case whether it settles or medical malpractice lawsuit goes to court. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care organizations support efforts to reform the tort laws in the United States.

Damages

Depending on the type of medical negligence, the victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial losses or costs resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages can include reimbursement for physical and mental anguish.

Medical malpractice claims are usually filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. This is usually the case where a doctor works at a federally-funded clinic such as the Veterans' Administration, or if the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of alleged medical negligence may also be required to face a jury trial and may be in danger of their claim being rejected by a judge, or dismissed by a juror.

You must prove that medical negligence or mistake caused your injury to be able to make an action for medical malpractice. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. New York medical malpractice law also has specific damage caps, as well as limits on the amount patients can be awarded when they are successful in bringing an claim.