Four Elements of a Medical Malpractice Case

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

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

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must be able to prove each of the following legal elements with the preponderance evidence: breach of duty, breach of that duty; causation; damages.

Duty of Care

The primary element of a medical negligence claim is that the party who suffered was obliged to perform a duty by the doctor that was breached. Unlike some types of negligence cases medical malpractice claims typically require an established relationship between the doctor and patient. This is established through things like a doctor's records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors could also be accountable for the wrongful actions of their staff members, including interns or assistants. They can also be held responsible for the actions of emergency personnel working under their supervision.

The next element a plaintiff needs to establish is that the defendant did not satisfy the standard of medical care in the particular circumstances. This can only be proven with expert testimony about acceptable medical practices and the defendant's inability to comply with these standards. The second factor is that the breach directly affected the patient. To prove malpractice, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or the death of a loved one. This is referred to as proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health irrespective whether it was performed or not, you won't be able to win damages for any injuries or wrongful deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who does not fulfill their duty of care towards the client could be held liable for negligence. To win a medical malpractice suit the plaintiff must establish four elements: there was a duty of care and that the doctor breached the duty and the breach resulted in injury, and that the injury caused damages. The primary element of a medical malpractice attorneys malpractice lawsuit centers around the standard of care, which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or identical circumstances.

A physician violates this duty when he or she deviates from the norm of care while treating the patient. If a doctor fractures the arm of a patient, they might fail to cast it correctly. A breach by the doctor causes the broken arm to heal in a wrong way. This could lead to a partial or complete loss of use, as well as financial damages.

In the majority of instances, medical malpractice claims are filed in state trial courts. However 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 is able to hear medical malpractice cases. Many states have a distinct system of state courts that deal with these issues. However, they are subject to different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if a physician fails to fulfill their obligation to not cause harm. Medical malpractice claims can also arise when the doctor administers a procedure with known risks, and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to comply with accepted guidelines for practice, and that this failure was a direct cause for the injury or illness the patient was suffering from and that the injury could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is also known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pretrial discovery proceedings. Both sides invest a significant amount of time and resources in preparing for a case, whether it is settled or if it goes to court. This is the primary reason why malpractice claims are expensive for both the plaintiff and the doctor affected, and is one of the main reasons that doctors and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the nature of medical negligence. 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 can include reimbursement for physical and mental stress.

Medical malpractice claims are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. This is typically the case when the doctor is employed by a federally-funded clinic like the Veteran's administration, or when the doctor is a resident of another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories 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 of their claim being denied by a court or dismissed by a 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 severe enough to warrant a monetary settlement that will cover your financial losses as well as emotional pain. New York medical malpractice law also has certain damages caps, as well as other restrictions on the amount an individual patient could be awarded after proving claims.