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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They could increase the cost of insurance for physicians and change the way they practice medicine.

In general doctors owe patients the obligation to adhere to the medical standards that are accepted without deviation or exclusion. This is referred to as the "standard of care.

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

Duty of Care

The primary element of a claim for medical malpractice is that the injured party was legally obligated by the doctor who was not fulfilled. Contrary to other types of negligence cases medical malpractice lawyer malpractice claims typically involve the existence of a relationship between doctor and patient. This can be established by means such as doctor's 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 also be held accountable for the negligence of their employees, such as assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant did not adhere to the standard of care in the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these standards. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's omission of duty and your injury, or your loved one's wrongful death. This is known as proximate reason. For instance, if an negligence alleged by the defendant wouldn't have had a negative effect on your health, regardless whether it was performed or not, then you wouldn't be able to claim damages for any injuries or wrongful deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their duty of care to a client can be held liable for negligence. In order to win a medical malpractice case, the injured patient must prove four legal aspects that a duty of professional care was breached; the physician breached this duty; the breach caused injuries; and the damage resulted in damages. The first element of a medical malpractice case is the standard of care, which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

A physician violates this duty when he or she strays from standard care while treating the patient. For instance, if a physician breaks the arm of a patient the doctor isn't able to properly set it or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken part to heal improperly, resulting in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts, however under certain conditions federal courts can also be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who is responsible for hearing these cases. The majority of states have a system of state courts that specialize in these matters, albeit with different court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail in their duty to uphold that duty and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice claim may occur when a physician decides to administer a procedure that is associated with risks and the patient could have refused the procedure had they been fully informed of the possible consequences.

In a lawsuit for medical malpractice, the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This breach must have been the primary cause of any injury or illness that the patient suffered, and the injury could not occur if it weren't because of the doctor's negligence. The burden of proof, referred to as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert witnesses and lengthy pretrial discovery procedures. Both sides spend a lot of time and resources in prepping for a trial, whether it settles or if it is a court case. This is one of the main reasons why malpractice claims can be so expensive for both the plaintiff and the physician involved, 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 punitive or compensatory damages depending on the type of medical malpractice. Compensation damages are awarded to patients for monetary losses and expenses caused by the physician's negligence like loss of income or the cost of future medical treatments. Non-economic damages include compensation for mental and physical suffering.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which an action can be filed in federal courts. This is usually the case where a doctor works at a federally-funded clinic, 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 generally adversarial and involve extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice might also have to deal with the pressure of an open jury trial and could be in danger of being rejected by a judge or rejected by jurors.

You must prove that medical malpractice lawsuit negligence, or error was the cause of your injury in order to be awarded a case for medical negligence. The injury has to be severe enough to warrant a monetary award that covers your financial losses and emotional pain. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that could be awarded to a person who has a successful claim.