Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They can raise insurance costs for medical malpractice lawsuits doctors and also alter the way they practice medicine.

In general, doctors owe patients the duty to uphold the accepted medical practices, medical Malpractice lawsuits without any deviation or omission. This is referred to as the "standard of care.

To sue a physician over 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 first aspect of a claim for medical malpractice is that the injured party was bound by a duty of the doctor who was not fulfilled. Medical malpractice cases differ from other negligence cases in that they often involve a physician-patient relation, which can be established by documents from a doctor or phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

Doctors may also be held responsible for the negligence or incompetence of their staff members, like assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel under their supervision.

The next thing a plaintiff needs to establish is that the defendant did not satisfy the standard of medical care under the circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's failure to comply with 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 will need to prove that the breach of duty by the defendant directly caused your injury or the death of a loved one. This concept is known as causal proximate. If, for instance, the alleged negligent treatment would not have had any negative impact on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to be awarded damages for any injuries or death, that you believe was caused by the doctor's conduct.

Breach of Duty

A physician who fails to meet their duty of care towards a client can be held responsible for negligence. In order to win a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of care or professional care was in place; the physician breached this duty; the breach caused injury; and the result was a cause of damages. The standard of care is the main aspect in a medical wrongful conduct case, and is determined by an expert's testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or identical circumstances.

The physician's violation of this duty occurs when he/she is not following the standard of care in giving treatment to the patient. If a doctor fractures the arm of a patient, they may not be able to cast the arm correctly. A breach by a doctor can make 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, but under certain conditions federal courts can also take on these cases. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. The majority of states have special state courts that deal with these cases, but with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by medical professionals fail to perform their obligation to not cause harm. Medical malpractice claims may also arise when a doctor administers a procedure with known risks, and the patient would not have consented to the procedure if they had been fully informed.

In a medical malpractice case the plaintiff must show that the doctor did not act in accordance to accepted standards of practice. This negligence was the sole cause of any injury or illness suffered by the patient and the injury would not occur if it weren't because of the negligence of the physician. This burden of proof, referred to as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery processes. In the event that the case settles or goes to trial, the attorneys from both sides spend considerable time and resources in preparing for the case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the financial loss or costs resulting from the doctor's negligence. This includes the loss of income as well as future medical costs. Non-economic damages are the payment of physical pain and mental distress.

Medical malpractice claims are generally filed in a state trial court. There are instances when an action can be filed in federal courts. This is typically when a doctor is employed at a federally funded facility, such as the Veteran's Administration, or where the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical malpractice lawsuits malpractice might also have to deal with the pressure of the jury trial, and possibly face the threat of having their claim rejected by a judge, or dismissed by jurors.

You must prove that medical negligence or error was the cause of your injury to win an action for medical malpractice. The damage must be serious enough that a financial settlement would substantially make up for your financial losses and emotional pain. Furthermore, New York medical malpractice laws have specific damage caps as well as other limits on the amount that could be awarded to a person who has a successful claim.