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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They could increase the cost of insurance for doctors and alter the way they practice medicine.

In general, doctors owe patients the obligation to adhere to accepted medical practices without deviation or exclusion. This is referred to as the standard of care.

To successfully sue a doctor for malpractice, the patient must show each of these legal elements by the preponderance of evidence: duty; breach of obligation; causation; damages.

Duty of Care

The first element in a medical malpractice case is that the person injured was owed a duty by a doctor that was violated. Medical malpractice cases differ from other types of negligence cases in that they typically involve a patient-physician relationship, which can be established by documents from a doctor or telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

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

The plaintiff must then demonstrate that the defendant's actions did not adhere to the standard of medical care in the circumstances. This element can be proven by expert testimony regarding acceptable medical procedures and the defendant's failure to comply with these guidelines. The second element of malpractice is that this breach directly caused injury to 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 is known as proximate reason. If, for instance the alleged negligent treatment could not have had a negative effect on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries, or wrongful death that was allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails in their duty of care to a client can be held responsible for negligence. To win a medical malpractice suit the person who suffered must establish four elements: a duty of care existed and the physician violated the duty, that the breach resulted in injury, and finally caused damage. The primary element of a medical malpractice claim revolves around the standard of care which is determined through experts' testimony. The standard of care is the amount an "reasonably cautious" doctor would do in similar or identical circumstances.

A doctor is in violation of this obligation when he or her deviates from the norm of care while treating the patient. For instance, if a doctor breaks the arm of a patient, the doctor is not able to properly set the arm or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of use, as well as financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances federal courts can hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. The majority of states have a system of specialized state courts that handle these cases, but with different court procedures than federal district courts.

Causation

Physicians swear to do no harm, and when they fail to fulfill that duty and cause injury, a patient may be entitled to compensation for the damages. A medical malpractice claim could occur when a physician decides to perform a procedure that is associated with risks and the patient would have declined the procedure had they been fully aware of all potential consequences.

In a case of medical malpractice the plaintiff must show that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the primary cause of any illness or injury suffered by the patient and the injury would not have occurred if not because of the negligence of the physician. This burden of proof is known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery processes. Both sides spend 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 that malpractice claims are expensive for both the plaintiff and the doctor involved, and is one of the main reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the type of medical malpractice attorneys negligence. Compensatory damages compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages may include compensation for mental and physical anxiety.

Medical malpractice claims are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is typically the case when a doctor is employed at an institution that is funded by federal funds such as the Veterans' Administration, or where the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits 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 may also have to endure a jury trial and risk the possibility that their claim will be rejected by a judge or dismissed by a juror.

To be successful in a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. New York medical malpractice law firm malpractice law also has specific damage caps, as well as limits to the amount that an individual patient could be awarded after proving an appeal.