Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can raise insurance costs for physicians and change the medical practice.

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

To sue a doctor over negligence, the patient must be able to prove the following elements by a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The most important element of a claim for medical malpractice is that the injured party was owed a duty by the doctor that was breached. Unlike some types of negligence cases medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which can be established by means such as doctor's medical records and phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors could also be accountable for the wrongful actions of their staff members, like assistants or interns. They may also be held accountable for the actions of emergency personnel under their supervision.

The plaintiff has to demonstrate that the defendant's actions didn't meet the standard care under the circumstances. This element can be proven by expert testimony regarding acceptable medical procedures and the defendant's failure to comply with these guidelines. The second factor is that the breach directly hurts the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's dereliction of duty and your injury or loved one's wrongful death. This is known as proximate reason. For instance, if the negligent treatment alleged to have caused the injury would not have had a negative effect on your health regardless of whether it was done or not, you won't be able to claim damages for any injuries or wrongful deaths that were believed to have been caused by the physician's conduct.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient can be held accountable for negligence. To win a medical negligence lawsuit the person who suffered must prove four things: that there was a duty of care and that the doctor breached the duty, that the breach resulted in injury, and that the injury caused damages. The first part of a medical malpractice lawsuit revolves around the standard of care, which is determined by experts' testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.

The physician's violation of this obligation occurs when he/she deviates from the standard of care in rendering treatment to the patient. If a physician breaks the arm of a patient they might fail to cast the arm correctly. A doctor's error can cause the broken arm to heal improperly. This could result in a partial or complete loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances, federal courts can also consider these claims. The 94 federal districts courts across the United States each have a jury panel and judge that decides on these cases. A majority of states have a system of state courts that specialize in the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if a physician fails to fulfill their duty to do no harm. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that has risks and the patient could have refused the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor failed to act in accordance with accepted guidelines for practice, and that the doctor's negligence was the direct cause of the illness or injury the patient suffered and that the injury could not have occurred except due to the negligence of the doctor. The burden of proof, 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 witnesses and lengthy pretrial discovery proceedings. Both parties invest a lot of time and resources in prepping for a trial, whether it's settled or if it goes to court. This is why malpractice claims are costly for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

In the event of medical malpractice attorney negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial losses or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include compensation for physical pain and mental anguish.

Medical malpractice lawsuits are filed in state trial courts. However, there are situations where a suit could be filed in federal court. This is usually the situation when a doctor is employed by a federally funded clinic, like the Veteran's administration or in the case of a doctor who is from another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and involve an extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence may also be required to stand trial before a jury and risk the possibility of their claim being rejected by a court or dismissed by a juror.

You must prove that medical negligence, or mistake caused the injury you suffered to win a case for medical negligence. The injury must be severe enough to warrant a financial payment that will compensate you for your financial losses and emotional distress. New York medical malpractice law also has damages caps, as well as other limits to the amount that a patient can receive should they be successful in filing a claim.