Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They can increase insurance costs for doctors and alter the practice of medicine.

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

To sue a doctor for malpractice, a patient has to demonstrate the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The first aspect of a medical negligence claim is that the injured party was obliged to perform a duty by the doctor that was breached. As opposed to other types cases, medical malpractice claims often involve the existence of an established relationship between the doctor and patient. This can be established by means such as doctor's medical records and telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

Doctors may be held accountable for Medical malpractice lawsuits the incompetence or negligence of their staff members, including assistants and interns. They can also be held responsible for the actions of emergency personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standard of care in the particular circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's failure to follow these standards. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's failure to perform his duty and your injury or loved one's death. This is referred to as causal proximate. For instance, if the negligent treatment claimed to be negligent did not have a negative effect on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to be awarded damages for any injuries, or wrongful death, that were allegedly caused by the doctor's conduct.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient can be held accountable for negligent behavior. In order to succeed in a medical negligence lawsuit, the injured person must prove four legal elements that a duty of professional care was breached; the physician breached this duty; the breach caused injuries; and the damage caused damages. The standard of care is the primary element in a medical malpractice case, and it's determined by an expert's testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar circumstances.

The breach of this obligation is when he or she does not adhere to the standard of care in rendering treatment to the patient. For instance, if a doctor breaks a patient's arm and isn't able to properly set it or fails to cast the broken arm. The doctor's lapse in duty causes the broken arm to heal improperly, which results in partial or full loss of use, and further financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain circumstances federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a system of special state courts that deal with these cases, but with different court procedures than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail to uphold this obligation and cause injury the patient could be entitled to compensation for any damages. A medical malpractice lawsuit could be brought up when a doctor chooses to perform a treatment that has risks and the patient would have declined the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the physician did not comply with accepted standards of practice, that this failure was a direct cause for the injury or illness the patient suffered and that the ailment could not have occurred if it weren't for the physician's negligence. The burden of proof, known as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Legal actions claiming medical malpractice typically include expert witnesses and lengthy pretrial discovery proceedings. Both sides invest a significant amount of time and resources in prepping for a trial, whether it's settled or if it is a court case. This is one of the main reasons that malpractice claims are costly for both the patient and the doctor involved. It is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the type of medical malpractice. Compensation damages compensate the patient for the financial losses or expenses caused by the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages can include the compensation for physical and mental suffering.

Medical malpractice lawsuits are usually filed in a state court of trial. There are certain situations in which a lawsuit can be filed in federal courts. This is usually the situation when a doctor is employed by a federally-funded medical clinic like the Veteran's administration, or in the case of a doctor who is from another country but practices in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical negligence may also be required to face a jury trial and are at risk that their claim will be rejected by a judge, or dismissed by a jury.

You must demonstrate that medical negligence or error was the cause of your injury to be able to make a lawsuit for medical malpractice. The damage must be serious enough that a financial settlement would substantially make up for your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps, as well as other restrictions on the amount a patient can receive if they successfully make an claim.