Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They drive up physician insurance costs and can affect medical practice.

In general, doctors have an obligation to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

To successfully to sue a doctor Medical malpractice lawsuits for malpractice, the patient must prove each of the following legal elements using the preponderance evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The first element of a medical malpractice case is that the injured party was owed a duty by the doctor who was not fulfilled. As opposed to other types cases, medical malpractice claims often involve the existence of an established relationship between the doctor and patient. This is established through things such as doctor's medical records and phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors could be held accountable for the negligence or incompetence of their staff members, including assistants and interns. They may also be held responsible for the actions of emergency personnel under their supervision.

The plaintiff is then required to prove that the defendant did not adhere to the standard of medical care in the circumstances. This element can only be proven by experts' testimony regarding acceptable medical practices and the defendant's refusal to adhere to these standards. The second aspect of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's dereliction of duty and your injuries or loved one's wrongful death. This is referred to as proximate cause. If, for example, the alleged negligent act would not have had any negative impact on your health, regardless of whether or not it was done, you won't be able be awarded damages for any injuries, or even wrongful death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient could be held accountable for negligence. To win a medical malpractice suit the person who suffered must demonstrate four elements: that there was a duty of medical care, that the physician breached the duty and the breach caused injury, and that the injury caused damage. The first aspect of a claim for medical malpractice is the standard of care which is determined through experts' testimony. The standard of care is what an "reasonably prudent" doctor would do in similar or identical circumstances.

A physician breaches this duty when he or her deviates from standard care while treating the patient. For medical malpractice Lawsuits instance, when a doctor breaks a patient's arm, the doctor does not correctly set it or fails to cast the broken arm. The doctor's lapse in duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and monetary damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts are also able to consider these claims. The 94 federal district courts across the United States each have a jury panel with a judge who decides on these cases. A majority of states have special state courts that deal with these matters, albeit with different rules for court procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by a physician fails to fulfill their obligation to not cause harm. A medical malpractice claim can also arise when the doctor is performing a procedure that has known risks, and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a case of medical malpractice must prove that the physician failed to adhere to accepted guidelines for practice, and that this negligence was a direct cause of the illness or injury the patient was suffering from and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof is also known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery processes. Both sides invest a significant amount of time and resources in the preparation of a case, whether it is settled or if it goes to court. This is why malpractice claims can be expensive for both the plaintiff and physician involved. It is one of the primary reasons that doctors and health organizations are in favor of efforts to reform the tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the nature of medical malpractice. Compensation damages are awarded to patients for monetary losses and expenses caused by the physician's negligence, such as loss of income or the expense of future medical treatment. Non-economic damages could include the compensation for physical and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are instances when lawsuits can be filed in federal courts. This is usually the situation when a doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is from another country but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and require large amounts of legal discovery. This can include written interrogatories and depositions as well as requests for documents. Patients who are accused of medical malpractice also may have to endure the pressure of a jury trial and potentially be at risk of having their claim rejected by a judge or rejected by the jury.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a financial payment that will compensate you for your financial losses and emotional pain. New York medical malpractice law also has certain damages caps and limits on the amount patients can be awarded if they successfully make claims.