Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and Medical Malpractice Lawsuit serious threat to doctors. They drive up physician insurance costs and may alter the medical practice.

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

To sue a doctor over malpractice, the patient must prove the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a duty to a doctor that was violated. Medical malpractice claims differ from other types of negligence claims in that they usually involve a physician-patient relationship that can be established through things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

Doctors could also be held responsible for the negligence or incompetence of their staff, like assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff is then required to prove that the defendant did not meet the standard care under the circumstances. This element can only be proven by expert testimony regarding acceptable medical practices, and the defendant's refusal to follow these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove malpractice your lawyer needs to show that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This is referred to as proximate cause. For instance, if the alleged negligent act could not have had any negative impact on your health, regardless of whether or not it was done, you won't be able win damages for any injuries, or even wrongful death that was allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient could be held accountable for negligent behavior. In order to succeed in a medical negligence lawsuit, the injured person must prove four legal elements which include: a duty to provide professional care was breached and the physician violated this duty; the breach caused injuries; and the damage caused damages. The primary element of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar circumstances.

The breach of this obligation is when he or she deviates from the standard of care in providing treatment to the patient. If a doctor breaks the arm of a patient he or she may fail to cast the right way. A breach by a doctor can make the broken arm to heal in a wrong way. This could result in an incomplete or total loss of use, and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances federal courts may also take on these cases. The 94 federal districts courts across the United States each have a jury panel and judge that handles these cases. Most states have a specialized system of state courts that deal with these cases. However, they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by a physician fails to fulfill their obligation to prevent harm. A medical malpractice lawsuit could occur when a physician chooses to perform a treatment that is associated with risks and the patient could have refused the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional did not follow 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 occurred but because of the negligence of the doctor. This burden of proof is also known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, lawyers on both sides have to spend substantial time and resources in preparation for the case. This is the reason why malpractice claims are costly for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the nature of medical malpractice. Compensation damages are awarded to patients for monetary losses and expenses caused by the negligence of a physician, such as loss of income or the cost of future medical care. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are instances when a lawsuit can be filed in federal courts. It is usually the case when the doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or if the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are usually adversarial and require significant legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of medical negligence could also have to go through a jury trial and risk the possibility of their claim being rejected by a judge or dismissed by a juror.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The harm must be serious enough that a financial settlement will substantially compensate for your financial losses and emotional stress. In addition, New York medical malpractice laws have certain damage caps and other limits on the amount that may be awarded to a person who successfully makes a claim.