Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They could increase the cost of insurance for doctors and also alter the practice of medicine.

In general doctors owe patients the duty to uphold the accepted medical practice without any deviation or infraction. This is referred to as the standard of care.

To successfully to sue a doctor for malpractice, an aggrieved patient must demonstrate each of the following legal elements with the preponderance evidence: breach of that obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a doctor's duty that was violated. Medical malpractice claims differ from other negligence cases in that they typically involve a doctor-patient relationship, which is established through documents from a doctor or phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff members, such as interns or assistants. They can also be held responsible for the actions of emergency personnel under their supervision.

The next element the plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's inability to comply with these guidelines. The second aspect is that the breach directly hurts the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's omission of duty and your injury or your loved one's wrongful death. This is referred to as the proximate cause. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health irrespective whether it was executed or not, you would not be able to win damages for any injuries or wrongful deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet their obligation of care to clients can be held accountable for their negligence. In order to win a medical malpractice suit, the injured party must demonstrate four elements: that there was a duty to care and the doctor breached the obligation and that the breach caused injury and finally the injury resulted in damages. The primary element of a medical malpractice lawsuit centers around the standard of care, which is determined by experts' testimony. The standard of care is what an "reasonably prudent" doctor would do in similar or identical circumstances.

A doctor is in violation of this obligation when he or her deviates from standard care while treating the patient. If a doctor fractures the arm of a patient, he or she may fail to cast the arm correctly. A doctor's error can cause the injured arm to heal incorrectly. This could result in the loss of use, either in whole or in part of use and financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations, federal courts can also hear these claims. The 94 federal districts courts across the United States each have a judge and jury panel that hears these cases. The majority of states have a system of special state courts that deal with these cases, but with different rules for court procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and should they violate this duty and cause harm, a patient may be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a physician decides to perform a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional did not act in accordance with accepted guidelines for practice, and that the failure was the direct cause of the injury or illness the patient was suffering from and that the injury could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery procedures. If the case settles or goes to trial, attorneys on both sides spend significant time and resources preparing for the matter. This is the primary reason why malpractice claims can be so costly for both the plaintiff and the medical professional involved. It is one of the main reasons that doctors and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims may be awarded compensatory or punitive damages, based on the kind of medical malpractice. Compensatory damages compensate patients for the financial losses and expenses resulted from the negligence of the doctor for example, loss of income or expense of future medical treatment. Non-economic damages include compensation for physical pain as well as mental distress.

Medical malpractice lawsuits are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. This is usually the case where a doctor is employed by an institution that is funded by federal funds such as the Veteran's Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and involve large amounts of legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical negligence may also be required to face a jury trial and may be in danger of their claim being denied by a judge or rejected 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 damage must be serious enough that a cash award will substantially compensate for your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have damage caps, as well as other limitations on the amount that can be awarded to a person who has a successful claim.