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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They increase insurance costs and can affect the practice of medicine.

In general, doctors have a duty to their patients to follow accepted medical practices. This is referred to as the standard of care.

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

Duty of Care

The most important element of a medical malpractice claim is that the victim was legally obligated by the doctor who was not fulfilled. Unlike some types of negligence cases medical malpractice claims typically require an established relationship between the doctor and patient. This could be established through documents like a doctor's records and telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors can also be accountable for the wrongful actions of their staff members, like interns or assistants. In addition, they could be held liable for the actions of emergency medical personnel under their supervision.

The next thing that a plaintiff has to prove is that the defendant did not meet the standards of care in the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's inability to comply with these guidelines. The other element is that the breach directly affected the patient. To prove that you have committed a crime, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or death of your loved one. This is known as proximate reason. For instance, if the negligence alleged by the defendant wouldn't have had an adverse impact on your health, regardless of whether it was performed or not, you won't be able to claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligent behavior. In order to win a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of professional care was in place and the doctor breached this obligation; the breach led to injury; and the injury was a cause of damages. The standard of care is the most important aspect in a medical wrongful conduct case, and it's established by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in similar circumstances.

The breach of this obligation occurs when he/she is not following the standard of care when giving treatment to the patient. For instance, if a physician breaks a patient's arm, the doctor is not able to properly set the arm or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal improperly, resulting in a complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice cases are filed in state trial courts. However in certain circumstances federal courts may also consider these claims. The 94 federal districts courts across the United States each have a judge and jury panel that hears these cases. The majority of states have a system of state courts that are specialized to handle these cases, though they follow different rules of procedure than federal district courts.

Causation

Physicians swear to do no harm, and when they fail to fulfill the oath and cause injury the patient could be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a doctor decides to perform a procedure that carries 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 case must prove that the physician did not adhere to accepted guidelines for practice, and that the doctor's negligence was a direct cause of the injury or illness that the patient suffered, and that the injury would not have happened but for the physician's negligence. The burden of proof, referred to as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Legal actions claiming medical malpractice typically include expert witnesses and lengthy pretrial discovery processes. In the event that the case settles or goes to trial, the attorneys on both sides invest significant time and resources preparing for the case. This is the primary reason why malpractice claims can be so costly to both the plaintiff and the physician affected, and is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the type of medical negligence. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages are the payment of physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are instances in which a lawsuit may be filed in federal court. This is typically the case where a doctor works at an institution that is funded by federal funds such as the Veterans' Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Legal actions involving medical malpractice are usually adversarial and require an extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical negligence could also have to face a jury trial and may be in danger that their claim will be rejected by a court or dismissed by a juror.

To be successful in a medical malfeasance claim, you must prove that the medical error or negligence caused your injury. The injury has to be severe enough to warrant a financial award that covers your financial losses and emotional stress. Furthermore, New York medical malpractice laws have damage caps and other limits on the amount that could be awarded to a patient who is successful in filing a claim.