Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as real threats. They can raise insurance costs and could alter the way doctors practice.

In general doctors owe patients a duty to uphold the medical malpractice settlement standards that are accepted without any deviation or infraction. This is called the standard of care.

To sue a doctor for malpractice, a patient has to establish the following elements using a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The first element in a medical malpractice case is that the victim was owed a doctor's duty that was breached. In contrast to other types of negligence cases medical malpractice claims typically involve the existence of a physician-patient relationship, which is established through things such as doctor's medical malpractice attorneys records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors can also be held accountable for the actions of their employees, such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff has to establish that the defendant's conduct did not conform to the standard of care in the circumstances. This is only able to be proved through expert testimony regarding acceptable medical practices, and the defendant's refusal to comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's omission of duty and your injuries or loved one's death. This is referred to as proximate causation. If, for instance, the negligent treatment claimed to be negligent would not have had any negative impact on your health, irrespective of whether or not it was performed, you won't be able get compensation for any injuries, or even wrongful death, Medical Malpractice Law that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical negligence lawsuit the plaintiff must establish four elements: there was a duty to care and that the doctor breached the obligation, that the breach caused injury, and that the injury caused damages. The standard of care is the primary component in a medical negligence case, and it is determined by the testimony of an expert. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or she strays from the standard of care when treating the patient. For instance, if a physician breaks a patient's arm when he is not able to properly set the arm or fails to cast the broken arm. The doctor's infraction of this duty causes the injured arm to heal improperly, resulting in a complete or partial loss of use and monetary damages.

In the majority of instances, medical malpractice litigation malpractice cases are filed in state trial courts. However in certain situations federal courts can consider these claims. The 94 federal districts courts across the United States each have a jury panel with a judge who handles these cases. Most states have a system of state courts that are specialized to handle these cases, but with different rules for court procedure than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail in their duty to uphold the oath and cause injury, the patient may be entitled to compensation for any damages. A medical malpractice claim may be brought up when a doctor decides to administer a procedure that has risks and the patient would have declined the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical negligence case must show that the doctor failed to adhere to accepted guidelines for practice, and that the failure was a direct cause of the injury or illness that the patient suffered, and that the injury could not have occurred except because of the negligence of the doctor. This burden of proof, known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. In the event that the case settles or goes to trial, Medical Malpractice Law the lawyers on both sides have to spend significant time and resources preparing for the trial. This is why malpractice claims can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and expenses caused by the physician's negligence like loss of income or the cost of future medical care. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is typically the situation where a doctor is employed by a federally funded facility such as the Veterans' Administration, or if the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and require an extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. The victims of alleged medical negligence might also have to stand trial before a jury and are at risk of their claim being rejected by a judge or dismissed by a juror.

You must demonstrate that medical negligence or error was the cause of your injury to win a claim for medical malpractice. The injury must be severe enough that a financial award would substantially make up for your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps, as well as other limitations on the amount a patient can receive if they successfully make an claim.