Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and medical malpractice Law Firm feared threat for physicians. They can raise insurance costs and may alter medical practice.

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

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

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was bound by a duty of the doctor that was breached. Unlike some types of negligence cases Medical malpractice claims typically require the existence of a relationship between doctor and patient. This can be established through things like doctor's records or phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

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

The next element that a plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This is only able to be proved through expert testimony on acceptable medical practices and the defendant's inability to comply with these standards. The other element is that the breach directly injured the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is called proximate cause. For instance, if negligent treatment alleged to have caused the injury would not have had an adverse effect on your health regardless whether it was performed or not, you would not be able to claim damages for any injuries or wrongful deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient can be held accountable for negligence. To prevail in a medical malpractice claim, the patient must prove four legal elements that a duty of care or professional care was breached; the physician breached this duty; the breach caused injuries; and the damage was a cause of damages. The standard of care is the first aspect in a medical malpractice case, and it is established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar circumstances.

A doctor is in violation of this obligation in the event that he or she departs from the standard of care when treating the patient. For example, if the physician breaks a patient's arm when he does not correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm to heal in a wrong way. This can lead to an incomplete or total loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, but under limited circumstances, federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. A majority of states have a system of state courts that deal with these issues. However, they have different rules of court procedures than federal district courts.

Causation

Doctors swear to do no harm, and if they fail in their duty to uphold this duty and medical malpractice law firm cause harm, the patient may be entitled to compensation for damages. Medical malpractice claims can occur when a physician chooses to perform a treatment that is associated with risks and the patient would have opted to not undergo the procedure if fully informed of the possible consequences.

In a case of medical malpractice the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This breach must have been the primary cause of any illness or injury that the patient suffered, and the injury would not be the case if it wasn't for the physician’s negligence. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, the attorneys on both sides spend an enormous amount of time and effort preparing for the case. This is the primary reason why malpractice claims are expensive for both the plaintiff and the physician affected, and is one of the reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

In the event of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages compensate victims for the financial losses and expenses caused by the physician's negligence which includes loss of income or the cost of future medical treatments. Non-economic damages are compensation for physical pain as well as mental anxiety.

medical malpractice law firm malpractice lawsuits are filed in state trial courts. There are some situations where lawsuits can be filed in federal courts. This is usually the case when a doctor is employed at an institution that is funded by federal funds such as the Veteran's 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 law firm malpractice are largely adversarial in nature and require an extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical negligence may also have to go through a jury trial and may be in danger that their claim will be rejected by a judge or dismissed by a jury.

You must demonstrate that medical negligence or error was the cause of your injury to win an action for medical malpractice. The injury must be significant enough that a financial settlement would substantially make up for your financial losses and emotional distress. Furthermore, New York medical malpractice laws have damage caps as well as other limits on the amount which can be awarded to a person who is successful in filing a claim.