Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They can increase insurance costs for doctors and also alter the practice of medicine.

In general, doctors are under an obligation to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

To successfully claim a doctor's malpractice, an aggrieved patient must demonstrate each of the following legal elements by a preponderance of the evidence: breach of duty; causation; and damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a doctor's duty that was violated. In contrast to other types of negligence cases medical malpractice claims typically require an established relationship between the doctor and patient. This can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must adhere to accepted standards of their profession and practice.

Doctors may be held accountable for the negligence or incompetence of their staff, including assistants and interns. 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 meet the standards of care in the particular circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's inability to adhere to these guidelines. The second element is that the breach directly harmed the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury, or your loved one's wrongful death. This is known as proximate reason. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health irrespective of whether it was performed or not, you wouldn't be able to recover damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A doctor who does not fulfill their obligation of care to a client can be held accountable for negligence. In order to prevail in a medical malpractice case, the victim must prove four legal elements that a duty of care or professional care was breached and the doctor violated this duty; the breach caused injuries; and the damage caused damages. The first element of a medical malpractice case centers around the standard of care that is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's breach of this duty is when he or she deviates from the standard of care when providing treatment to the patient. For instance, if the doctor breaks a patient's arm and fails to correctly set it or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This could lead to either a complete or partial loss of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances federal courts are also able to consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of specialized state courts that handle these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if the doctor fails to meet their duty to do no harm. A medical malpractice claim could also arise if 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 medical malpractice case the plaintiff must demonstrate that the doctor did not act in accordance to accepted standards of practice. This breach must have been the direct cause of any injury or illness sustained by the patient and the injury would never be the case if it wasn't for the physician’s negligence. This burden of proof, referred to as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, attorneys on both sides invest significant time and resources preparing for the issue. This is the reason why malpractice claims can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Depending on the kind of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the monetary losses or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice claims are usually filed in a state trial court. There are a few instances where an action can be filed in federal courts. It is usually the case when a doctor malpractice is employed by a federally-funded clinic such as the Veterans Administration, or in the case of a doctor who is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits claiming medical malpractice lawsuit malpractice are usually adversarial and involve significant legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical negligence could also be subject to the stress of a jury trial and may be at risk of being denied their claim by a judge, or dismissed by the jury.

To be successful in a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be serious enough to warrant a financial award that would cover your financial losses and emotional distress. New York medical malpractice law also includes certain damages caps, as well as other restrictions on the amount the patient could receive when they are successful in bringing a claim.