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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They can raise insurance costs for doctors as well as alter the way they practice medicine.

In general, doctors owe patients the duty to uphold the accepted medical practice without any deviation or omission. This is known as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, an aggrieved patient must demonstrate each of the following legal elements by a preponderance of evidence: duty; breach of obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was not met. Medical malpractice cases differ from other negligence claims in that they often involve a physician-patient relationship, which is established through documents from a doctor or telephone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be held accountable for the negligence of their employees, such as assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the particular circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these standards. The second factor is that the breach directly affected the patient. To prove that you have committed a crime the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or the death of your loved one. This is referred to as the proximate cause. For instance, if negligence alleged by the defendant wouldn't have had an adverse effect on your health, regardless of whether it was performed or not, you would not be able claim damages for any injuries or deaths that were allegedly caused by the doctor's actions.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient can be held accountable for negligence. To win a medical malpractice suit the plaintiff must demonstrate four elements: that a duty of care existed and that the doctor breached the duty and that the breach caused injuries, and then the injury resulted in damages. The first aspect of a medical malpractice attorneys malpractice lawsuit is the standard of care, which is determined by experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in the same or similar circumstances.

A doctor is in violation of this obligation when he or she deviates from the norm of care while treating the patient. If a doctor breaks the arm of a patient the doctor may fail to cast the right way. A breach by the doctor causes the broken arm to heal improperly. This can 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 in state trial courts. However in certain circumstances federal courts may also consider these claims. The 94 federal district courts across the United States each have a judge and jury panel that hears these cases. Most states have a system of state courts that specialize in these cases, though they follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to avoid harm, and when they fail to fulfill this obligation and cause injury, a patient may be entitled to compensation for the damages. A medical malpractice claim may also arise when a doctor opts to carry out a procedure which has known risks and the patient would have opted to not undergo the procedure if fully informed of the possible consequences.

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

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, attorneys on both sides spend substantial time and resources in preparation for the trial. This is why malpractice claims can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors 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 recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the financial losses or costs resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages can include the compensation for physical and mental anxiety.

Medical malpractice lawsuits are typically filed in a state trial court. There are instances when an action can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded clinic such as the Veteran's Administration or when the doctor is from another country but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are usually adversarial and involve extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence could also have to endure a jury trial and are at risk of having their claim rejected by a court or dismissed by a jury.

You must prove that medical negligence or error caused your injury to be able to make an action for medical malpractice. The injury must be severe enough to warrant a monetary award that covers your financial losses as well as emotional stress. New York medical malpractice law also includes certain damages caps, as well as other limitations on the amount the patient could receive should they be successful in filing an appeal.