• 글쓰기
• 목록

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They can increase insurance costs and may alter the medical practice.

In general, doctors have an obligation to their patients to adhere to accepted medical practices. This is known as the standard of care.

To successfully claim a doctor's malpractice, the patient must demonstrate each of the following legal elements by the preponderance of evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person injured was owed a doctor's duty that was violated. Unlike some types of negligence cases medical malpractice claims typically require the existence of a physician-patient relationship, which can be established through things like a doctor's records and telephone consultations. In general, doctors who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors may also be held accountable for the actions of their staff members, including assistants or interns. In addition, they may be held liable for the actions of emergency medical personnel who are working under their supervision.

The next element the plaintiff must prove is that the defendant did not meet the standards of care in the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's refusal to comply with these standards. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove this your lawyer must prove that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury or your loved one's wrongful death. This is referred to as proximate cause. For instance, if negligent treatment alleged to have caused the injury would not have had a negative impact on your health, regardless whether it was executed or not, you won't be able to claim damages for any injuries or deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A physician who fails in their duty of care towards a client can be held responsible for negligence. To win a medical negligence lawsuit the victim must establish four elements: there was a duty of medical care and that the doctor breached the obligation, that the breach caused injury, and that the injury resulted in damages. The standard of care is the most important element in a medical malpractice case, and it is determined by the testimony of an expert. The standard of care is defined as the things that would a "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this obligation occurs when he violates the standard of care while rendering treatment to the patient. For example, if the doctor breaks a patient's arm, the doctor isn't able to properly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This can lead to the loss of use, either in whole or in part of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits (learn more) are filed in state trial courts. However in certain situations federal courts may also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of state courts that deal with these matters. They do however, follow different rules of court procedures than federal district courts.

Causation

Physicians swear to protect their patients and should they violate this duty and cause harm the patient could be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor administers a procedure with known risks, and the patient would not have agreed to the procedure if they had been fully informed.

The plaintiff in a medical negligence case must prove that the physician failed to follow accepted standards of practice, that this negligence was the primary cause of the injury or illness that the patient was suffering from and that the injury could not have occurred except due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery proceedings. Both sides invest a significant amount of time and money the preparation of a case, whether it settles or if it is a court case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims can seek compensatory or punitive damages. Compensation 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 malpractice lawsuit expenses. Non-economic damages could include compensation for mental and physical anguish.

Medical malpractice claims are generally filed in a state court of trial. However, there are certain situations in which a lawsuit may be filed in federal court. This is typically the situation when a doctor is employed at a federally-funded clinic such as the Veterans' Administration, or when the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence may also have to stand trial before a jury and are at risk of their claim being rejected by a judge or dismissed by a juror.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a financial award that would cover your financial losses as well as emotional pain. In addition, New York medical malpractice laws have certain damages caps and other limitations on the amount that may be awarded to a patient who has a successful claim.