Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and significant threat to doctors. They increase insurance costs and can affect the medical practice.

In general, doctors owe patients the obligation to adhere to the accepted medical practice without any deviation or omission. This is known as the standard of care.

To successfully to sue a doctor for negligence, the patient must show each of these legal elements with a preponderance of the evidence: breach of duty, causation, and damages.

Duty of Care

The most important element of a medical malpractice claim is that the victim was legally obligated by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which is established through things like doctor's records or telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors may also be held accountable for the negligence of their staff members, such as interns or assistants. In addition, they could be held liable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff is then required to demonstrate that the defendant's actions didn't comply with the standard of care under the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's reluctance to comply with these standards. The second aspect is that the breach directly affected the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or death of a loved one. This concept is known as causal proximate. If, for example, the alleged negligent act did not have a negative effect on your health, regardless of whether or not it was performed, you won't be able get compensation for any injuries or death, that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient could be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal elements that a duty of professional care was breached and the doctor breached this duty; the breach caused injury; and the result was a cause of damages. The first part of a medical malpractice claim revolves around the standard of care which is determined by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this duty occurs when he or she is not following the standard of care while giving treatment to the patient. For example, if the doctor breaks a patient's arm the doctor does not correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm to heal in a wrong way. This can result in an incomplete or total loss of use, and monetary damages.

Medical malpractice cases are filed in state trial courts, but under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Many states have a distinct system of state courts that handle these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if doctors fail to fulfill their obligation to prevent harm. A medical malpractice claim may be brought up when a doctor decides to perform a procedure that carries known risks, and the patient would have declined the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional did not act in accordance with accepted standards of practice, that the doctor's negligence was a direct cause of the injury or illness that the patient was suffering from and that the ailment could not have occurred if it weren't for the physician's negligence. This burden of proof is referred to as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, the attorneys from both sides spend substantial time and resources in preparation for the matter. This is one reason that malpractice claims are costly to both the plaintiff and the doctor involved, and it is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

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

Medical malpractice claims are usually filed in a state trial court. There are instances when a lawsuit can be filed in federal courts. This is typically when a doctor is employed at a federally funded facility, such as the Veteran's Administration, or if the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are generally adversarial and require large amounts of legal discovery. This includes depositions, written interrogatories and requests for the production of documents. Victims of alleged medical malpractice will also have to bear the pressure of an open jury trial and could risk being rejected by a judge or dismissed by jurors.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be severe enough to warrant a monetary award that would cover your financial losses as well as emotional trauma. In addition, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a person who is successful in bringing a claim.