Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They increase insurance costs and can affect the medical practice.

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

To successfully sue a doctor for malpractice, an aggrieved patient must be able to prove each of the following legal elements by the preponderance of evidence: breach of that duty, causation, and damages.

Duty of Care

The first element of a claim for medical malpractice is that the victim was obliged to perform a duty by the doctor that was not met. In contrast to other types of negligence cases medical malpractice claims usually require a relationship between doctor and patient. This can be established by means like medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff then has to demonstrate that the defendant's conduct did not comply with the standard of care under the circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to adhere to these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove this, your lawyer must show an immediate cause and effect between the defendant's dereliction of duty and your injury or your loved one's death. This is referred to as causal proximate. If, for instance the negligent treatment you claim to have received could not have had any negative impact on your health, irrespective 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 behavior of the doctor.

Breach of Duty

A physician who fails in their obligation of care to clients can be held responsible for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects that a duty of professional care was in place and the doctor breached this duty; the breach caused injury; and the injury was a cause of damages. The first aspect of a medical malpractice case 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.

A physician violates this duty when he or she deviates from the norm of care while treating the patient. For example, if the doctor breaks the arm of a patient the doctor fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal improperly. This can lead to a partial or complete loss of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice law firm malpractice cases. Most states have a specialized system of state courts that handle these cases. However, they are subject to different rules of court procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and when they fail to fulfill this duty and cause harm, a patient may be entitled to compensation for any damages. A medical malpractice claim could occur when a physician chooses to perform a treatment that is associated with risks and the patient could have refused the procedure if they had been fully informed of all possible consequences.

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

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, the lawyers on both sides have to spend considerable time and resources in preparing for the issue. This is why malpractice cases can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons why physicians and health care organizations support efforts to change tort laws in the United States.

Damages

In the event of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate victims for financial losses and costs resulted from the negligence of the doctor like loss of income or the cost of future medical treatments. Non-economic damages can include the payment of physical and mental anxiety.

Medical malpractice claims are usually filed in a state trial court. There are a few instances where the lawsuit may be filed in federal courts. This is usually the case when a doctor is employed at an institution that is funded by federal funds such as the Veteran's Administration, or if the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Patients who are accused of medical malpractice might also have to deal with the stress of a jury trial and potentially face the threat of having their claim dismissed by a judge, or dismissed by a jury.

You must prove that medical negligence or error caused your injury to win a claim for medical malpractice. The injury has to be severe enough to warrant a financial award that would cover your financial losses and emotional distress. Furthermore, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a person who successfully makes a claim.