Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They can raise insurance costs for doctors and also alter the way they practice medicine.

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

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

Duty of Care

The first aspect of a medical malpractice claim is that the injured party was obliged to perform a duty by the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often require the existence of 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 their patients must adhere to accepted guidelines in their field and practice.

However, doctors could be liable for the negligence of their employees, such as assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff has to prove is that the defendant did not meet the standards of care in the specific circumstances. This can only be proven by expert testimony about acceptable medical practices, and the defendant's reluctance to adhere to these standards. The second aspect of malpractice is that the breach directly harmed the patient. To prove that you have committed a crime your lawyer needs to show that the breach of duty by the defendant directly caused your injury or the death of a loved one. This is referred to as proximate cause. For instance, if negligence alleged by the defendant wouldn't have had an adverse effect on your health regardless whether it was executed or not, you would not be able claim damages for any injuries or deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient could be held accountable for negligent behavior. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects which include: a duty to provide professional care was breached; the physician breached this obligation; the breach led to injury; and the result was a cause of damages. The first aspect of a medical malpractice claim centers around the standard of care which is determined by experts' testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or similar circumstances.

The physician's breach of this obligation is when he or she is not following the standard of care when providing treatment to the patient. For instance, if a physician breaks a patient's arm when he fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal in a wrong way. This could result in an incomplete or total loss of use and financial damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances federal courts may take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have a system of state courts that are specialized to handle these matters, albeit with different rules of procedure than federal district courts.

Causation

Doctors swear to protect their patients and if they fail to uphold the oath and cause injury, the patient may be entitled to compensation for the damages. A medical malpractice claim may occur when a physician decides to perform a procedure that has risks and the patient could have refused the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit malpractice case must prove that the doctor failed to adhere to accepted guidelines for medical malpractice practice, and that the failure was a direct cause for the illness or injury the patient suffered and that the ailment would not have happened but due to the negligence of the doctor. This burden of proof is known as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. Both sides spend a lot of time and money the preparation of a case, whether it settles or if it goes to court. This is why malpractice claims can be expensive for both the plaintiff and physician involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to change tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the kind of medical negligence. Compensation damages compensate the victim for the financial loss or costs resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages could include compensation for mental and physical anxiety.

medical malpractice attorney malpractice lawsuits are usually filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. This is usually the situation when a doctor is employed by a clinic that is funded by federal funds, like the Veteran's administration or if the doctor is from another country but practices in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are usually adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical malpractice also may have to endure the pressure of an open jury trial and could be in danger of having their claim dismissed by a judge or rejected by a jury.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The harm must be serious enough that a financial award will significantly compensate for your financial losses and emotional trauma. Additionally, New York medical malpractice laws have specific damage caps and other limits on the amount that can be awarded to a person who is successful in bringing a claim.