Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for doctors as well as alter the medical practice.

In general doctors owe patients the duty to uphold accepted medical practices without any deviation or the slightest omission. This is called the standard of care.

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

Duty of Care

The primary element in a medical malpractice lawyers malpractice case is that the person injured was owed a duty to a doctor that was not met. In contrast to other types of negligence cases Medical malpractice claims typically require the existence of an established relationship between the doctor and patient. This could be established through documents like a doctor's records and telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors may also be held accountable for the negligence of their staff members, like interns or assistants. They may also be held responsible for the actions of emergency personnel working under their supervision.

The next thing the plaintiff must prove is that the defendant failed to meet the standard of care in the particular circumstances. This element can only be proven with expert testimony about acceptable medical practices and the defendant's inability to follow these standards. The second element of malpractice is that the breach directly harmed the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's omission of duty and your injury or your loved one's untimely death. This concept is known as causal proximate. If, for example, the negligent treatment you claim to have received 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 wrongful death, that were allegedly caused by the behavior of the doctor.

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 be successful in a medical malpractice claim, the patient must prove four legal aspects which include: a duty to provide professional care was in place and the doctor violated this obligation; the breach led to injury; and the injury led to damages. The first part of a medical malpractice lawsuit is the standard of care which is determined by experts' testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this duty occurs when he/she deviates from the standard of care when rendering treatment to the patient. If a doctor fractures the arm of a patient, they might fail to cast the arm correctly. A breach by the doctor causes the injured arm to heal incorrectly. This could lead to a partial or complete loss of usage, and also financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances, federal courts can also consider these claims. The 94 federal district courts across the United States each have a jury and judge panel that handles these cases. The majority of states have a special system of state courts that handle the issues. They do however, follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled to compensation for damages if a physician fails to fulfill their obligation to prevent harm. A medical malpractice lawsuit could be brought up when a doctor decides to administer a procedure which has known risks and the patient would have opted to not undergo the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician did not comply with accepted standards of practice, that this negligence was the direct cause of the illness or injury the patient was suffering from and that the ailment would not have occurred but for the physician's negligence. This burden of proof, known as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery proceedings. Both parties invest a lot of time and money the preparation of a case, whether it's settled or goes to court. This is why malpractice lawsuits can be expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health organizations are in favor 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 compensate victims for the financial losses and expenses caused by the negligence of a physician for example, loss of income or cost of future medical treatments. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice claims are generally filed in a state court of trial. However, there are certain situations where a suit could be filed in federal court. It is usually the case when the doctor is employed by a federally-funded clinic such as the Veteran's Administration, [empty] or if the doctor is from another country, but is working in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are usually adversarial and involve significant legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of medical negligence may also be required to stand trial before a jury and risk the possibility that their claim will be rejected by a court or dismissed by a juror.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The injury must be severe enough to warrant a monetary award that covers your financial losses as well as emotional trauma. New York medical malpractice law also has certain damage caps, and other limits on the amount a patient can receive should they be successful in filing claims.