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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They could increase the cost of insurance for doctors and alter the practice of medicine.

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

To successfully to sue a doctor for negligence, the patient must prove each of the following legal elements with the preponderance of evidence: duty; breach of that obligation; causation; damages.

Duty of Care

The primary element of a medical malpractice case is that the person who was injured was legally obligated by the doctor that was violated. Medical malpractice claims are different from other types of negligence cases in that they often involve a physician-patient relationship that can be established through things like doctor's records or medical malpractice lawsuit phone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and practice.

However, doctors can also be held accountable for the negligence of their employees, such as interns or assistants. Furthermore, they can be held liable for the actions of emergency medical personnel under their supervision.

The next thing the plaintiff must prove is that the defendant failed to meet the standard of care in the specific circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The second factor is that the breach directly affected the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's dereliction of duty and your injuries or loved one's death. This is known as proximate causes. If, for example, the alleged negligent act did not have a negative effect on your health, irrespective of whether or not it was done by a physician, you will not be able be awarded damages for any injuries, or even wrongful death, that were allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who does not fulfill their duty of care to a client can be held accountable for negligence. In order to win a medical malpractice lawsuit, the injured person must prove four legal aspects: a duty of professional care was owed and the doctor violated this obligation; the breach led to injury; and medical malpractice lawsuit the result led to damages. The primary element of a medical malpractice lawsuit is the standard of care, which is determined by experts' testimony. The standard of care is what an "reasonably cautious" doctor would do in similar or similar circumstances.

The physician's violation of this duty occurs when he deviates from the standard of care while providing treatment to the patient. If a doctor fractures the arm of a patient, they might fail to cast the patient correctly. The doctor's lapse in duty causes the broken arm to heal improperly, which results in partial or full loss of use and subsequent financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Many states have a distinct system of state courts that deal with these cases. However, they are subject to different rules of court procedure than federal district courts.

Causation

Physicians swear to protect their patients and when they fail to fulfill the oath and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure which has known risks and the patient would have opted to not undergo the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to comply with accepted standards of practice, that the failure was a direct cause for the illness or injury the patient suffered, and that the injury could not have occurred except because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used 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 is settled or if it goes to court. This is the primary reason why malpractice claims can be so costly for both the patient and the doctor affected, and is one of the main reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages are the compensation for physical pain and mental anxiety.

Medical malpractice lawsuits are typically filed in a state trial court. There are instances when lawsuits can be filed in federal courts. It's usually the case when the doctor is employed by a federally-funded medical clinic such as 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 an extraterritorial treaty.

Medical malpractice lawsuits are generally adversarial and involve significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence may also be required to go through a jury trial and risk the possibility of their claim being denied by a judge or rejected by a juror.

To be successful in a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The harm must be serious enough that a financial award is sufficient to cover your financial losses as well as emotional trauma. New York medical malpractice law also has damages caps and limits on the amount an individual patient could be awarded if they successfully make an appeal.