Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can increase the cost of insurance for doctors and also alter medical practice.

In general, attorneys doctors have a duty to their patients to adhere to accepted medical practices. This is referred to as the "standard of care.

To sue a physician over malpractice, a patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The most important element of a medical negligence claim is that the victim was obliged to perform a duty by the doctor who was not fulfilled. As opposed to other types cases medical malpractice claims usually require a physician-patient relationship, which is established through things such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors may also be held responsible for the negligence or incompetence of their staff, including assistants and interns. They can also be held responsible for the actions of emergency personnel working under their supervision.

The next thing that a plaintiff must prove is that the defendant did not adhere to the standard of care in the specific circumstances. This is only able to be proved through expert testimony about acceptable medical practices, and the defendant's reluctance to adhere to these guidelines. The other element is that the breach directly harmed the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's breach of duty and your injury or loved one's untimely death. This is known as proximate causes. For instance, if negligent treatment alleged to have caused the injury would not have had a negative impact on your health irrespective of whether it was performed or not, you won't be able to win damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill their duty of care to the client could be held liable for negligence. In order to win a medical negligence lawsuit the person who suffered must prove four things: that there was a duty of care and the physician violated the duty and that the breach caused injuries, and then the injury resulted in damages. The primary element of a medical malpractice case centers around the standard of care which is determined through expert testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or similar circumstances.

A physician violates this duty when he or she strays from the standard of care when treating the patient. If a physician fractures the arm of a patient the doctor may fail to cast it correctly. The physician's failure to perform this obligation causes the broken part to heal incorrectly, resulting in a complete or partial loss of use and monetary damages.

In most instances, medical malpractice claims are filed in state trial courts. However, in certain circumstances federal courts may also consider these claims. The 94 federal district courts across the United States each have a judge and jury panel that handles these cases. Most states have a specialized system of state courts that handle these matters. However, they have different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by the doctor fails to meet their obligation to prevent harm. A medical malpractice claim can also arise when the physician performs a procedure that is associated with known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a case of medical malpractice the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the direct cause of any injury or illness that the patient suffered, and the injury could not have occurred but because of the doctor's negligence. This burden of proof, also known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony from witnesses and lengthy discovery procedures prior to trial. In the event that the case settles or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the case. This is a major reason that malpractice claims are expensive for both the plaintiff and the physician involved, and is one of the main reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Based on the nature of east liverpool medical malpractice attorney negligence, victims can seek compensatory or punitive damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice lawsuits are filed in state trial courts. There are instances when lawsuits can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded clinic such as the Veterans Administration or when the doctor is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and involve significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical negligence may also have to face a jury trial and may be in danger of their claim being denied by a judge or dismissed by a juror.

You must demonstrate that medical negligence or error caused the injury you suffered to win a lawsuit for medical malpractice. The damage must be severe enough to warrant a financial award that covers your financial losses and emotional pain. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that can be awarded to a patient who successfully makes a claim.