Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They drive up physician insurance costs and can alter the medical practice.

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

To sue a physician for negligence, the patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The primary element of a medical malpractice case is that the victim was legally obligated by the doctor that was violated. Contrary 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 phone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and practice.

However, doctors could be accountable for the wrongful actions of their staff members, such as assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel under their supervision.

The plaintiff has to show that the defendant's conduct did not conform to the standard of care in the circumstances. This can be established through expert testimony on acceptable medical practices and the defendant's failure to follow 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 must to prove that the breach of duty by the defendant directly caused your injury or death of your loved one. This is known as proximate causes. If, for instance, the negligent treatment claimed to be negligent did not have any negative impact on your health, regardless of whether or not it was performed or not, you aren't able to claim damages for any injuries or death that was allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who does not fulfill their duty of care towards a client can be held accountable for their negligence. To prevail in a medical malpractice claim, the patient must prove four legal aspects that a duty of professional care existed and the physician violated this obligation; the breach led to injuries; and the damage resulted in damages. The first aspect of a medical malpractice claim is the standard of care which is determined by expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this duty occurs when he deviates from the standard of care while giving treatment to the patient. For example, if the physician breaks the arm of a patient when he does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This could result in either a complete or partial loss of usage, and also financial damages.

Medical malpractice cases are brought in state trial courts, however under certain circumstances federal courts can also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have state courts that are specialized to handle the cases, Medical malpractice lawsuits although they have different court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and when they fail to fulfill the oath and cause injury, a patient may be legally entitled to compensation for their losses. Medical malpractice claims can also be brought when a doctor administers a procedure with known risks and the patient wouldn't have consented to the procedure if they had been fully informed.

In a medical malpractice lawsuit the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. The failure to follow the standard of care must have been the main cause of any illness or injury that the patient suffered, and the ailment would never have occurred but because of the negligence of the physician. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. Both parties invest a lot of time and resources in the preparation of a case, whether it is settled or if it is a court case. This is the primary reason why malpractice claims are so costly to both the plaintiff and the doctor involved, and it is one of the main reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the nature of medical negligence. Compensation damages compensate the patient for the financial loss or expenses caused by the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages are compensation for physical pain as well as mental anguish.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are certain situations where a lawsuit can be filed in federal court. This is typically the case when doctors are employed by a federally-funded clinic such as the Veterans Administration or when the doctor is from another country but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Victims of alleged medical malpractice also may have to endure the stress of the jury trial, and possibly be at risk of being rejected by a judge, or dismissed by jurors.

You must prove that medical negligence or error caused your injury to win a case for medical negligence. The injury must be serious enough to warrant a financial award that would cover your financial losses as well as emotional distress. Additionally, New York medical malpractice laws have specific damages caps and other limitations on the amount that could be awarded to a patient who has a successful claim.