Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They drive up physician insurance costs and could alter medical practice.

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

To successfully to sue a doctor for negligence, the patient must prove each of the following legal elements with a preponderance of evidence: breach of duty; causation; and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a doctor's duty which was not fulfilled. Medical malpractice claims are different from other negligence claims in that they typically involve a patient-physician relationship, which is established through things like doctor's records or phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors could also be accountable for the wrongful actions of their staff members, such as assistants or lawyers interns. They can also be held responsible for the actions of emergency personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This concept is known as the proximate cause. For instance, if the alleged negligent act would not have had an adverse effect on your health, irrespective of whether or not it was done, you won't be able be awarded damages for any injuries, or even wrongful death, that were allegedly cause by the physician's behavior.

Breach of Duty

A doctor who does not fulfill their obligation of care to a client can be held accountable for their negligence. To succeed in a medical negligence claim, the patient must prove four legal aspects which include: a duty to provide professional care was breached and the doctor violated this duty; the breach caused injury; and the injury led to damages. The first part of a medical malpractice lawsuit is the standard of care which is determined by experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do under similar or similar circumstances.

A doctor is in violation of this obligation when he or her deviates from standard care while treating the patient. For instance, if a doctor breaks the arm of a patient, the doctor does not correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal improperly. This could lead to a partial or complete loss of use, and monetary damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However in certain situations, federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. A majority of states have a system of state courts that handle these issues. However, they follow different rules of court procedure than federal district courts.

Causation

Doctors swear to do no harm, and if they fail to uphold this duty and cause harm, a patient may be entitled to compensation for damages. A medical malpractice claim could be brought up when a doctor opts to carry out a procedure that carries known risks, and the patient could have refused the procedure had they been fully informed of the potential consequences.

In a case of medical malpractice the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. This failure must have been the primary cause of any illness or lawyers injury suffered by the patient, and the injury would never occur if it weren't because of the doctor'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 witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, lawyers on both sides have to spend substantial time and resources in preparation for the case. This is why malpractice cases are costly for both the plaintiff and physician involved. It is also one of the main reasons why physicians and health care groups support efforts to reform tort laws in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the type of mount pleasant medical malpractice attorney negligence. Compensatory damages compensate patients for financial losses and costs caused by the physician's negligence which includes loss of income or cost of future medical care. Non-economic damages could include the payment of physical and mental anguish.

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

Legal actions involving medical malpractice are largely adversarial in nature and require an extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of alleged medical negligence might also have to endure a jury trial, and face the possibility of having their claim rejected by a judge, or dismissed by a juror.

You must demonstrate that medical negligence or error caused your injury to win an action for medical malpractice. The harm must be serious enough that a financial settlement will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damage caps, and other limits on the amount patients can be awarded if they successfully make an appeal.