Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They could increase the cost of insurance for doctors and also alter the practice of medicine.

In general, doctors have the obligation to their patients to follow accepted medical malpractice attorney practices. This is known as the standard of care.

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must demonstrate each of the following legal elements by the preponderance evidence: breach of obligation; causation; damages.

Duty of Care

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

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

The next thing the plaintiff must prove is that the defendant did not meet the standards of care in the particular circumstances. This element can only be proven with expert testimony on acceptable medical practices and the defendant's refusal to adhere to these guidelines. The other element is that the breach directly affected the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's omission of duty and your injury or loved one's death. This is referred to as proximate cause. For instance, if the negligence alleged by the defendant wouldn't have had an adverse effect on your health regardless of whether it was done or not, you wouldn't be able to recover damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their duty of care towards a client can be held responsible for negligence. To win a medical malpractice case the victim must prove four things: that there was a duty of medical care, that the physician breached the duty, that the breach resulted in injury, and that the injury resulted in damages. The standard of care is the most important aspect in a medical malpractice case, and is determined by expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in the same or similar circumstances.

A physician violates this duty when he or her deviates from the standard of care when treating the patient. If a physician fractures the arm of a patient they might fail to cast the right way. The doctor's lapse in duty causes the broken arm to heal improperly, resulting in the complete or partial loss of use and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. The majority of states have special state courts that deal with these matters, albeit with different rules of procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by a physician fails to fulfill their obligation to avoid harm. A medical malpractice lawsuit could occur when a physician chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician did not comply with accepted standards of practice, that this failure was the primary cause of the injury or illness that the patient suffered and that the ailment could not have occurred except because of the negligence of a physician. This burden of proof is also known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. In the event that 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 case. This is why malpractice cases are costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health care groups support efforts to reform the tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the type of medical negligence. Compensation damages compensate the patient for the financial loss or costs resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are situations where a suit could be filed in federal court. This is typically the case where a doctor is employed by an institution that is funded by federal funds such as the Veteran's Administration, or if the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Patients who are accused of medical malpractice could also be subject to the stress of an open jury trial and could be at risk of having their claim rejected by a judge or rejected by the jury.

To be successful in a medical malfeasance claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be significant enough that a monetary award would substantially make up for your financial losses and emotional distress. New York medical malpractice law also has certain damage caps, as well as limits on the amount the patient could receive after proving an claim.