Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They increase insurance costs and may alter the medical practice.

In general doctors owe patients a duty to uphold the accepted medical practices, without deviation or exclusion. 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: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The first thing to consider in a medical malpractice law firm malpractice case is that the person who was injured was owed a duty by a doctor that was breached. As opposed to other types cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established by means like a doctor's records and phone consultations. In general, doctors who treat their patients must adhere to the accepted guidelines in their field and practice.

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

The plaintiff is then required to demonstrate that the defendant's conduct did not meet the standard care under the circumstances. This element is only proven through experts' testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The second element of malpractice is that this breach directly caused injury to the patient. To prove that you have committed a crime, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or the wrongful death of your loved one. This concept is known as causal proximate. For example, if the negligent treatment alleged to have caused the injury would not have had an adverse effect on your health, regardless whether it was performed or not, you wouldn't be able to claim damages for any injuries or deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their duty of care to the client could be held liable for negligence. To be successful in a medical malpractice case, the victim must prove four legal elements: a duty of professional care was owed and the doctor breached this obligation; the breach led to injury, and the injury resulted in damages. The primary element of a claim for medical malpractice is the standard of care which is determined by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician is in breach of this duty when he or she deviates from standard care while treating the patient. For Medical Malpractice example, if the doctor breaks a patient's arm the doctor does not correctly set it or fails to cast the broken arm. The physician's failure to perform this duty causes the injured arm to heal improperly, which results in a complete or partial loss of use, and further financial damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However under certain circumstances federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice (watch this video) cases. Many states have a distinct system of state courts that handle these matters. They do however, follow different rules for court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if a physician fails to fulfill their obligation to avoid harm. A medical malpractice lawsuit could be brought up when a doctor chooses to perform a treatment that carries known risks, and the patient would have opted to not undergo the procedure if they had been fully aware of all potential consequences.

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

Medical malpractice lawsuits often involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a lot of time and resources in prepping for a trial, whether it is settled or if it goes to court. This is the primary reason that malpractice claims are costly for both the plaintiff and the medical professional involved. It is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the kind of medical malpractice. Compensation damages compensate victims for financial losses and costs due to the negligence of the doctor for example, loss of income or the cost of future medical care. Non-economic damages include compensation for physical pain and mental anguish.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are instances where a suit could be filed in federal court. It is usually the case when a doctor is employed by a federally-funded medical clinic like the Veteran's administration or when the doctor is a resident of another country but is practicing in the United States as part of an extraterritorial treaty.

Lawsuits claiming medical malpractice are generally adversarial and require an extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence might also have to stand trial before a jury and risk the possibility of their claim being denied by a judge or dismissed by a jury.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a monetary settlement that will cover your financial losses and emotional distress. Additionally, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount which can be awarded to a person who is successful in bringing a claim.