Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They can raise insurance costs for physicians and change the way they practice medicine.

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

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must be able to prove each of the following legal elements with the preponderance of evidence: breach of duty; breach of duty; causation; damages.

Duty of Care

The most important element of a medical malpractice claim is that the person who was injured was owed a duty by the doctor that was not met. In contrast to other types of negligence cases medical malpractice claims usually require an established relationship between the doctor and patient. This can be established by means such as doctor's medical records and phone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and lawsuits practice.

However, doctors can also be liable for the negligence of their staff members, such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel who are working under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standard of care under the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's failure to adhere to these standards. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's breach of duty and your injury, or your loved one's wrongful death. This is known as proximate causes. If, for instance, the negligent treatment claimed to be negligent did not have an adverse effect on your health, irrespective of whether or not it was done or not, you aren't able to be awarded damages for any injuries, or wrongful death that was allegedly cause by the physician's behavior.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. To prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of professional care was owed and the physician violated this duty; the breach caused injury; and the injury led to damages. The primary element of a medical malpractice lawsuit centers around the standard of care which is determined by experts' testimony. The standard of care is the amount an "reasonably cautious" doctor would do under similar or identical circumstances.

The physician's violation of this duty occurs when he deviates from the standard of care in giving treatment to the patient. For instance, when a physician breaks a patient's arm and is not able to properly set the arm or fails to cast the broken arm. The doctor's breach of this obligation causes the broken part to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, however under certain conditions federal courts can also hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that decides on these cases. Most states have a system of special state courts that deal with these cases, though they follow different rules of court procedure than federal district courts.

Causation

Doctors swear to do no harm, and should they violate this duty and cause harm, the patient may be entitled to compensation for the damages. A medical malpractice lawsuit could occur when a physician decides to perform a procedure that is associated with risks and the patient could have refused the procedure if they had been fully informed of the potential consequences.

In a medical malpractice case, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This breach must have been the main cause of any injury or illness suffered by the patient, and the injury would not have occurred but because of the negligence of the physician. This burden of proof, referred to as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lawsuits lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, attorneys on both sides invest considerable time and resources in preparing for the matter. This is the reason why malpractice claims are costly for both the plaintiff and physician involved. It is one of the primary reasons why physicians and health care groups support efforts to reform the tort laws in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the kind of medical malpractice. Compensatory damages pay for financial losses and expenses caused by the physician's negligence which includes loss of income or cost of future medical care. Non-economic damages include the compensation for physical and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are some situations where lawsuits can be filed in federal courts. This is typically the case where a doctor is employed by a federally-funded clinic such as the Veteran's Administration, or where the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

medical malpractice lawyer malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and may face the threat of having their claim dismissed by a judge or rejected by a jury.

You must demonstrate that medical negligence or error was the cause of your injury in order to be awarded a case for medical negligence. The harm must be serious enough that a monetary award will substantially compensate for your financial losses as well as emotional stress. New York medical malpractice law also has specific damages caps and limitations on the amount an individual patient could be awarded should they be successful in filing an appeal.