Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They could increase the cost of insurance for doctors and also alter the practice of medicine.

In general doctors owe patients a duty to uphold the accepted medical practices, without deviation or infraction. This is referred to as the "standard of care.

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

Duty of Care

The first aspect of a medical malpractice claim is that the injured party was legally obligated by the doctor that was violated. In contrast to other types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which is established through things such as doctor's medical records and telephone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

Doctors may also be held accountable for the incompetence or negligence of their staff, like assistants or interns. They can also be held responsible for the actions of emergency personnel working under their supervision.

The plaintiff then has to demonstrate that the defendant's conduct did not meet the standard care under the circumstances. This element is only proven through expert testimony on acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove that you have committed a crime your lawyer must to prove that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is referred to as the proximate cause. If, for instance the alleged negligent treatment would not have had an adverse effect on your health, irrespective of whether or not it was done, you won't be able claim damages for any injuries or death, that were allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who does not fulfill their duty of care towards clients can be held accountable for their negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care existed and the doctor violated this duty; the breach caused injury; and the injury caused damages. The primary element of a medical malpractice claim revolves around the standard of care which is determined through experts' testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this duty occurs when he or she violates the standard of care while rendering treatment to the patient. If a physician fractures the arm of a patient they may not be able to cast the right way. A breach by a doctor can make the injured arm to heal incorrectly. This could lead to an incomplete or total loss of usage, and also financial damages.

Medical malpractice cases are filed in state trial courts, however under limited 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 will hear medical malpractice cases. Many states have a distinct system of state courts that handle these cases. However, they are subject to different rules of court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and when they fail to fulfill the oath and cause injury the patient could be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that has risks and the patient would have declined the procedure if they had been fully informed of all possible consequences.

The plaintiff in a medical malpractice case must prove that the physician failed to act in accordance with accepted guidelines for practice, and that this negligence was the primary cause of the illness or injury the patient suffered, and that the injury would not have occurred but for the physician's negligence. This burden of proof, referred to as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. If the case is settled or goes to trial, lawyers on both sides have to spend an enormous amount of time and effort preparing for the trial. This is one of the main reasons that malpractice claims are costly to both the patient and the doctor involved. It is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the type of medical malpractice. Compensatory damages pay for the financial losses and expenses caused by the negligence of a physician, such as loss of income or the expense of future medical treatment. Non-economic damages include the compensation for physical and mental stress.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are instances where a suit could be filed in federal court. This is typically the situation where a doctor works at a federally funded facility like the Veteran's Administration, or where the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve extensive legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Victims of alleged medical malpractice might also have to deal with the pressure of a jury trial and potentially be at risk of having their claim dismissed by a judge or rejected by jurors.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a cash award will substantially compensate for your financial losses and emotional stress. In addition, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount that may be awarded to a person who has a successful claim.