Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They can increase insurance costs and can alter medical practice.

In general doctors owe patients the duty to uphold accepted medical malpractice lawyer practices without any deviation or the slightest omission. This is called the standard of care.

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

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a duty by a doctor which was not fulfilled. Medical malpractice cases differ from other types of negligence cases in that they typically involve a patient-physician relationship, which can be established by things like doctor's records or phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors could also be held accountable for the incompetence or negligence of their staff, such as interns or assistants. They could also be held accountable for the actions of emergency personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to adhere to the standard of care in the specific circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's refusal to follow these guidelines. The second element is that the breach directly injured the patient. To prove malpractice your lawyer needs to prove that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health irrespective of whether it was done or not, you would not be able claim damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care towards the client could be held accountable for negligence. In order to win a medical malpractice case, the victim must prove four legal aspects: a duty of professional care was in place and the doctor breached this duty; the breach caused injury; and the injury resulted in damages. The first element of a claim for medical malpractice centers around the standard of care which is determined through experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this obligation occurs 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 in a wrong way. This could result in an incomplete or total loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations, federal courts can also be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who hears these cases. A majority of states have special state courts that deal with the cases, although they have different rules of procedure than federal district courts.

Causation

Physicians swear to protect their patients and if they fail in their duty to uphold this obligation and cause injury patients may be entitled to compensation for damages. A medical malpractice claim may occur when a physician decides to administer a procedure which has known risks and the patient would have declined the procedure if fully informed of the possible consequences.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This negligence was the sole cause of any illness or injury suffered by the patient and the ailment would never be the case if it wasn't due to the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and long discovery procedures prior to trial. If the case settles or goes to trial, the lawyers on both sides have to spend an enormous amount of time and effort preparing for the issue. This is why malpractice cases can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health organizations are in favor lawyers of efforts to change tort laws in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the type of medical negligence. Compensatory damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical expenses. Non-economic damages could include the payment of physical and mental suffering.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are certain situations where a lawsuit could be filed in federal court. This is typically the situation where a doctor is employed by a federally funded clinic like the Veteran's Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are generally adversarial and lawyers involve large amounts of legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged pittsburgh medical malpractice lawsuit malpractice might also have to deal with the stress of an open jury trial and could be in danger of having their claim rejected by a judge or dismissed by jurors.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The injury must be significant enough that a financial settlement will significantly compensate for your financial losses and emotional trauma. In addition, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount which can be awarded to a person who successfully makes a claim.