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 owe patients the obligation to adhere to the accepted medical practice without any deviation or omission. This is known as the standard of care.

To sue a physician for malpractice, a patient has to prove the following elements with a majority: breach of duty, duty of duty, causation, and damages.

Duty of Care

The first element in a medical malpractice case is that the victim was owed a duty of a doctor that was breached. Medical malpractice cases differ from other types of negligence cases in that they often involve a physician-patient relationship that can be established by documents from a doctor or phone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

However, doctors could also be held accountable for the negligence of their staff members, including assistants or interns. Additionally, they can be held accountable for the actions of emergency medical personnel under their supervision.

The next element that a plaintiff must prove is that the defendant did not adhere to the standard of care under the circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's failure to adhere to these guidelines. The second factor is that the breach directly harmed 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 death of your loved one. This is known as proximate reason. For instance, if an negligence alleged by the defendant wouldn't have had a negative effect on your health irrespective whether it was performed or not, you won't be able to win damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their duty of care to clients can be held accountable for negligence. In order to prevail in a medical malpractice lawyers malpractice claim, the patient must prove four legal elements: a duty of professional care was owed and the physician violated this obligation; the breach led to injury, and the injury caused damages. The standard of care is the most important element in a medical malpractice case, and it's determined by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician breaches this duty when he or she deviates from the norm of care while treating the patient. For instance, when a doctor breaks the arm of a patient when he isn't able to properly set it or fails to cast the broken arm. A breach by a doctor lawyers can make the broken arm to heal improperly. This could lead to a partial or complete loss of usage, and also financial damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However in certain circumstances federal courts can consider these claims. The 94 federal district courts across the United States each have a jury panel and judge that decides on these cases. Most states have a specialized system of state courts that handle these issues. However, they are subject to different rules of court procedures than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail in their duty to uphold the oath and cause injury, a patient may be entitled to compensation for the damages. Medical malpractice claims can be brought up when a doctor chooses to perform a treatment that carries known risks, and the patient would have declined the procedure had they been fully aware of all potential consequences.

The plaintiff in a case of medical malpractice must prove that the physician failed to act in accordance with accepted guidelines for practice, and that the doctor's negligence was a direct cause of the injury or illness the patient suffered and that the injury would not have happened but because of the negligence of a physician. The burden of proof, known as "preponderance" of evidence is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert testimony and lengthy pretrial discovery proceedings. If the case settles or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the issue. This is why malpractice lawsuits are costly for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs caused by the physician's negligence, such as loss of income or the cost of future medical treatments. Non-economic damages include compensation for physical pain and mental stress.

Medical malpractice claims are filed in state trial courts. There are certain situations in which a lawsuit can be filed in federal courts. This is usually the case where a doctor is employed by a federally funded clinic such as the Veteran's Administration, or when the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive 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 stand trial before a jury and may be in danger of their claim being rejected by a court or dismissed by a juror.

You must prove that medical negligence, or error was the cause of your injury to be able to make a lawsuit for medical malpractice. The injury must be significant enough that a financial settlement is sufficient to cover your financial losses and emotional stress. New York medical malpractice law also has specific damages caps, as well as other limits on the amount an individual patient could be awarded should they be successful in filing an appeal.