Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They can raise insurance costs for doctors and alter the medical practice.

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

To sue a physician for malpractice, a patient must prove the following elements with a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was legally obligated by the doctor that was violated. As opposed to other types cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This is established through things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors can also be held accountable for the negligence of their staff members, such as assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant failed to adhere to the standard of care under the circumstances. This can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's refusal 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 prove an immediate cause and effect between the defendant's failure to perform his duty and your injury, or your loved one's death. This concept is known as the proximate cause. If, for instance the alleged negligent act did not have an adverse impact on your health, irrespective of whether or not it was performed by a physician, you will not be able be awarded damages for any injuries, or wrongful death, that you believe was 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. To prevail in a medical malpractice case, the victim must prove four legal aspects that a duty of professional care was in place and the doctor violated this obligation; the breach led to injuries; and the damage led to damages. The first aspect of a medical malpractice claim centers around the standard of care which is determined through expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.

The physician's violation of this obligation occurs when he or she does not adhere to the standard of care while giving treatment to the patient. For instance, if the doctor breaks the arm of a patient the doctor fails to correctly set it or fails to cast the broken arm. The doctor's lapse in obligation causes the broken part to heal improperly, which results in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts, but in 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 is able to hear medical malpractice cases. Most states have a system of specialized state courts that handle the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for damages if a physician fails to fulfill their obligation to prevent harm. A medical malpractice claim may occur when a physician decides to administer a procedure which has known risks and the patient could have refused the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to act in accordance with accepted guidelines for practice, and that this negligence was a direct cause of the injury or illness that the patient suffered, and that the injury could not have occurred except due to the negligence of the doctor. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, attorneys on both sides invest significant time and resources preparing for the matter. This is why malpractice cases can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Depending on the type of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for financial losses and expenses resulted from the negligence of the doctor which includes loss of income or the expense of future medical malpractice lawsuits treatment. Non-economic damages include the compensation for physical pain and mental distress.

Medical malpractice claims are usually filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. This is usually the situation when doctors are employed by a federally-funded clinic like the Veteran's administration, or if the doctor is from another country, but is working in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve an extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the stress of the jury trial, and possibly 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 injury must be severe enough that a financial award will substantially compensate for your financial losses and emotional distress. Additionally, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount that can be awarded to a person who successfully makes a claim.