Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They could increase the cost of insurance for doctors as well as alter medical practice.

In general doctors owe their patients the obligation to follow accepted medical practices without any deviation or exclusion. This is referred to as the standard of care.

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

Duty of Care

The first element in a medical malpractice case is that the person who was injured was owed a duty of a doctor that was breached. Contrary to other types of negligence cases medical malpractice claims usually require a relationship between doctor and patient. This is established through things like medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors may also be held responsible for the incompetence or negligence of their staff, including assistants and interns. Additionally, they can be held accountable for the actions of emergency medical personnel who are under their supervision.

The plaintiff has to show that the defendant's actions didn't adhere to the standard of medical care in the circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's refusal to comply with these standards. The second element is that the breach directly affected the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's dereliction of duty and your injury, or your loved one's untimely death. This is called proximate cause. If, for instance the negligent treatment claimed to be negligent could not have had a negative effect 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 wrongful death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A physician who fails in their duty of care towards the client could be held responsible for negligence. To win a medical malpractice lawsuit the victim must prove four things: that there was a duty to care, that the physician breached the duty and that the breach resulted in injury and finally the injury caused damages. The first element of a claim for medical malpractice centers around the standard of care, which is determined by experts' testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar circumstances.

The breach of this obligation occurs when he or she is not following the standard of care while giving treatment to the patient. If a physician fractures the arm of a patient, they may not be able to cast the arm correctly. The doctor's infraction of this obligation causes the broken arm to heal improperly, which results in a complete or partial loss of use, and further financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can hear these claims. The 94 federal district courts across the United States each have a jury and judge panel that decides on these cases. A majority of states have special state courts that deal with these cases, but with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to avoid harm. Medical malpractice claims can also arise when a doctor decides to administer a procedure that has risks and the patient would not have opted out of the procedure if fully aware of all potential consequences.

In a medical malpractice lawsuit the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. The failure to follow the standard of care was the sole cause of any injury or illness suffered by the patient, and the ailment would never have occurred but due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery procedures. If the case is settled or goes to trial, the attorneys from both sides spend substantial time and resources in preparation for the trial. This is why malpractice cases can be expensive for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Depending on the type of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes the loss of income as well as future medical expenses. Non-economic damages include compensation for physical pain as well as mental anguish.

medical malpractice attorney malpractice lawsuits are usually filed in a state trial court. However, there are situations where a suit could be filed in federal court. It is usually the case when the doctor is employed by a clinic that is funded by federal funds, like the Veteran's administration, or when the doctor is a resident of other country, but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical negligence might also have to endure a jury trial and risk the possibility of having their claim rejected by a judge or dismissed by a juror.

In order to win a medical negligence claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a monetary award will substantially compensate for your financial losses and emotional trauma. New York medical malpractice law also has damages caps, as well as other limitations on the amount a patient can receive should they be successful in filing an appeal.