Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can increase insurance costs for doctors as well as alter the way they practice medicine.

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

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

Duty of Care

The first element in a cedar hills medical malpractice lawyer malpractice case is that the victim was owed a doctor's duty that was not met. Medical malpractice cases differ from other negligence cases because they typically involve a patient-physician relation, which can be established by documents from a doctor or telephone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

However, doctors could also be held accountable for the negligence of their staff members, such as assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant failed to adhere to the standard of care in the circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's refusal to follow these guidelines. The second aspect is that the breach directly affected the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's failure to perform his duty and your injury or your loved one's wrongful death. This concept is known as the proximate cause. For instance, new whiteland medical malpractice attorney if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health, regardless whether it was executed or not, you would not be able to claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient may be held accountable for negligence. To prevail in a medical malpractice lawsuit the plaintiff must prove four elements: that there was a duty to care, that the physician breached the duty, that the breach resulted in injury, and that the injury resulted in damages. The first part of a medical malpractice claim centers around the standard of care which is determined through expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's breach of this obligation occurs when he/she deviates from the standard of care while giving treatment to the patient. If a doctor breaks the arm of a patient they might fail to cast the arm correctly. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and monetary damages.

In most cases, medical malpractice claims are filed in state trial courts. However in certain situations, federal courts can also take on these cases. The 94 federal district courts across the United States each have a jury panel and judge that is responsible for hearing these cases. Many states have a distinct system of state courts that handle these cases. They do however, follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if a physician fails to fulfill their obligation to avoid harm. A medical malpractice claim may occur when a physician decides to administer a procedure that is associated with risks and the patient could have refused the procedure if fully informed of all possible consequences.

In a monroe medical malpractice lawsuit malpractice lawsuit the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care must have been the direct cause of any injury or illness suffered by the patient and the ailment would never occur if it weren't for the physician’s negligence. The burden of proof, known as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony as well as lengthy discovery procedures prior to trial. Whether the case is settled or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the issue. This is a major reason why malpractice claims can be so costly to both the plaintiff and the doctor involved, and is one of the main reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the nature of medical malpractice. Compensation damages compensate the patient for the financial losses or expenses caused by the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages are compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state trial court. There are a few instances where a lawsuit can be filed in federal courts. It is usually the case when doctors are employed by a clinic that is funded by federal funds like the Veteran's administration, or when the doctor is a resident of other country, but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This includes written interrogatories, depositions, as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and potentially be at risk of being denied their claim by a judge or dismissed by a jury.

You must establish that medical negligence or mistake caused your injury to be able to make a lawsuit for medical malpractice. The damage must be serious enough that a financial settlement would substantially make up for your financial losses and emotional distress. Furthermore, New York medical malpractice laws have certain damage caps as well as other limits on the amount that may be awarded to a person who is successful in filing a claim.