Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They increase insurance costs and can affect the practice of medicine.

In general, doctors have obligations to their patients to adhere to accepted medical practices. This is called the standard of care.

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

Duty of Care

The most important element of a claim for medical malpractice is that the person who was injured was legally obligated by the doctor that was not met. Unlike some types of negligence cases medical malpractice claims typically involve the existence of a physician-patient relationship, which can be established through things such as doctor's medical records and phone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

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

The plaintiff must then prove that the defendant's actions didn't adhere to the standard of medical malpractice attorney care in the circumstances. This can be established through expert testimony on acceptable medical practices and the defendant's failure to adhere to these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove malpractice the lawyer you hire 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 the proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health irrespective whether it was performed or not, you won't be able claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

A doctor who does not fulfill their obligation of care to a client can be held responsible for negligence. To succeed in a medical negligence lawsuit, the injured person must prove four legal elements that a duty of care or professional care was in place and the doctor violated this obligation; the breach led to injury; and the result caused damages. The standard of care is the primary aspect in a bath medical malpractice lawsuit wrongful conduct case, and it is determined by an expert's testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.

The physician's violation of this obligation is when he or she deviates from the standard of care in giving treatment to the patient. For example, if the doctor breaks a patient's arm when he is not able to properly set the arm or fails to cast the broken arm. A breach by the doctor causes 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.

Medical malpractice cases are filed in state trial courts, however under certain circumstances, Vimeo federal courts may 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. Most states have a specialized system of state courts that handle these issues. However, they have different rules for court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and should they violate that duty and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice claim may also arise 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.

The plaintiff in a medical negligence case must prove that the doctor did not follow accepted guidelines for practice, and that the doctor's negligence was the primary cause of the injury or illness that the patient suffered and that the ailment would not have occurred but because of the negligence of the doctor. This burden of proof, referred to as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and resources in the preparation of a case, whether it is settled or if it goes to court. This is the primary reason that malpractice claims are expensive for both the patient and the doctor involved. It is one of the main 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 nature of medical negligence. Compensatory damages compensate the patient for the financial losses or expenses resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are situations where a lawsuit can be filed in federal court. It is usually the case when the doctor is employed by a clinic that is funded by federal funds, like the Veteran's administration, or in the case of a doctor who is from other country, but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. The victims of alleged medical negligence could also have to go through a jury trial, and face the possibility of having their claim rejected by a judge, or dismissed by a jury.

You must prove that medical negligence or error caused your injury to win a claim for normal medical malpractice attorney malpractice. The injury must be significant enough that a monetary award will significantly compensate for your financial losses and emotional trauma. New York medical malpractice law also has damages caps and restrictions on the amount a patient can receive when they are successful in bringing claims.