Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They increase insurance costs and can alter medical practice.

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

To successfully claim a doctor's malpractice, the patient must show each of these legal elements with a preponderance of evidence: duty; breach of duty, causation, and damages.

Duty of Care

The most important element in a medical malpractice case is that the person injured was owed a duty of a doctor that was not met. In contrast to other types of negligence cases Medical malpractice claims typically require a relationship between doctor and patient. This can be established by means such as doctor's medical records and telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors may also be held accountable for the negligence or incompetence of their staff members, such as interns or assistants. Furthermore, they can be held liable for the actions of emergency medical personnel working under their supervision.

The plaintiff is then required to show that the defendant did not meet the standard care under the circumstances. This is only proven through expert testimony regarding acceptable medical practices, and the defendant's failure comply with these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove that you have committed a crime your lawyer must 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 causes. If, for instance, the alleged negligent act was not able to have an adverse impact on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to claim damages for any injuries or death, that were allegedly caused by the doctor's actions.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient can be held accountable for negligence. In order to succeed in a medical negligence case, the injured patient must prove four legal elements that a duty of care or professional care existed; the physician breached this obligation; the breach led to injury; and the injury led to damages. The standard of care is the first component in a medical negligence case, and it is determined by the testimony of an expert. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this duty occurs when he does not adhere to the standard of care when providing treatment to the patient. If a physician fractures the arm of a patient he or she may fail to cast the patient correctly. A breach by the doctor causes the broken arm to heal improperly. This can result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts, but under certain circumstances federal courts can also take on these cases. The 94 federal district courts across the United States each have a jury panel and judge that hears these cases. Most states have state courts that are specialized to handle these cases, but with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by doctors fail to fulfill their obligation to prevent harm. Medical malpractice claims can also be brought when a doctor is performing a procedure that has known risks, and the patient would not have consented to the procedure had they been fully informed.

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

Medical malpractice lawsuits typically require expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, the attorneys on both sides spend significant time and resources preparing for the matter. This is why malpractice cases can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the type of medical malpractice. Compensation damages compensate the patient for the monetary losses or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages could include compensation for mental and physical anguish.

Medical malpractice lawsuits are usually filed in a state court of trial. There are some situations where lawsuits can be filed in federal courts. This is usually the situation when doctors are employed by a clinic that is funded by federal funds, like the Veteran's administration, or when the doctor is from another country, but is working in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are largely adversarial in nature and require an extensive legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Victims of alleged medical malpractice law firm malpractice also may have to endure the pressure of the jury trial, and possibly be at risk of being rejected by a judge or dismissed by jurors.

You must prove that Medical malpractice law Firm negligence, or error was the cause of your injury in order to be awarded a claim for medical malpractice. The injury must be serious enough to warrant a financial award that would cover your financial losses as well as emotional pain. New York medical malpractice law also has damages caps and limits on the amount an individual patient could be awarded after proving claims.