세이프원

• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They can increase the cost of insurance for physicians and change medical practice.

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

To sue a doctor over malpractice, a patient must establish the following elements using a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a duty to a doctor that was not met. In contrast to other types of negligence cases medical malpractice claims typically require the existence of the relationship between a doctor and patient, which is established through things like medical records and phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors may also be held liable for the negligence or incompetence of their staff members, including assistants and interns. In addition, they may be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff must then establish that the defendant's actions didn't meet the standard care under the circumstances. This can only be proven by experts' testimony regarding acceptable medical practices and the defendant's inability to comply with these guidelines. The second element of malpractice is that the breach directly caused harm to 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 wrongful death of a loved one. This is called proximate cause. If, for instance the alleged negligent act did not have any negative impact on your health, regardless of whether or not it was done in a way that was harmful, you will not be able to be awarded damages for any injuries, or even wrongful death, that you believe was caused by the doctor's actions.

Breach of Duty

A physician who fails in their duty of care to the client may be held accountable for negligence. To win a medical malpractice case, the victim must prove four legal aspects which include: a duty to provide professional care was breached and the doctor breached this obligation; the breach led to injury; and the injury was a cause of damages. The first element of a medical malpractice lawsuit revolves around the standard of care that is determined by experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or identical circumstances.

A doctor is in violation of this obligation when he or she strays from the norm of care while treating the patient. If a doctor breaks the arm of a patient they may not be able to cast it correctly. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in partial or full loss of use and subsequent monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in 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 attorney malpractice cases. Most states have a system of state courts that specialize in these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled to compensation for damages if medical professionals fail to perform their obligation to avoid harm. A medical malpractice lawsuit could also arise when a doctor chooses to perform a treatment that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to follow accepted standards of practice, that the failure was a direct cause of the injury or illness the patient was suffering from and that the injury would not have happened but due to the negligence of the doctor. This burden of proof is also known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the trial. This is the primary reason that malpractice claims are costly for both the plaintiff and the medical professional involved. It is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the type of medical malpractice. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include compensation for mental and physical anxiety.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are some instances where a lawsuit can be filed in federal court. This is usually the situation when a doctor is employed by a federally-funded medical clinic like the Veteran's administration, or in the case of a doctor who is from another country, but is working in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and involve extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. Victims of alleged medical negligence also may have to endure the pressure of a jury trial and potentially be at risk of being denied their claim by a judge, or dismissed by the jury.

You must prove that medical negligence or error caused the injury you suffered to win an action for medical malpractice. The injury must be severe enough that a monetary award would substantially make up for your financial losses and emotional pain. New York medical malpractice law also has certain damages caps and limitations on the amount a patient can receive when they are successful in bringing claims.