Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They can raise insurance costs and may alter the practice of medicine.

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

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

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a doctor's duty that was violated. Medical malpractice cases differ from other negligence claims in that they often involve a physician-patient relationship, which is established through documents from a doctor or telephone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, including interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff is then required to establish that the defendant did not comply with the standard of care under the circumstances. This element is only proven through expert testimony on acceptable medical practices, and the defendant's refusal to adhere to these standards. The other element is that the breach directly affected the patient. To prove that you have committed a crime your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or death of a loved one. This is referred to as proximate cause. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse effect on your health irrespective 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

A doctor who does not fulfill their obligation of care to a client can be held accountable for their negligence. In order to succeed in a medical negligence case, the victim must prove four legal aspects that a duty of care or professional care existed and the doctor breached this duty; the breach caused injury, and the injury resulted in damages. The first aspect of a medical malpractice attorneys malpractice lawsuit revolves around the standard of care which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

The breach of this duty occurs when he/she violates the standard of care while rendering treatment to the patient. If a physician breaks the arm of a patient, the doctor may fail to cast the arm correctly. A breach by the doctor causes the broken arm heal incorrectly. This could result in a partial or complete loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts may also consider these claims. The 94 federal district courts across the United States each have a jury and judge panel that hears these cases. The majority of states have a special system of state courts that handle these issues. However, they have different rules of court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if doctors fail to fulfill their obligation to prevent harm. A medical malpractice lawsuit could also arise when a doctor opts to carry out a procedure which has known risks and the patient would not have opted out of the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to act in accordance with accepted standards of practice, that the doctor's negligence was the primary cause of the illness or injury the patient suffered and that the harm could not have occurred except because of the negligence of a physician. This burden of proof, known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery proceedings. If the case is settled or goes to trial, attorneys on both sides invest an enormous amount of time and effort preparing for the case. This is why malpractice claims can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Victims can receive compensation or punitive damages based on the kind of medical malpractice. Compensation damages compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical costs. Non-economic damages are compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are certain situations in which a lawsuit can be filed in federal courts. This is typically the situation where a doctor is employed by a federally funded facility like the Veteran's Administration, or where the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and require extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical malpractice will also have to bear the pressure of an open jury trial and could be in danger of having their claim dismissed by a judge or rejected by jurors.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The damage must be severe enough to warrant a monetary settlement that will cover your financial losses and emotional distress. Furthermore, New York medical malpractice laws provide for damages caps and other limitations on the amount that can be awarded to a patient who has a successful claim.