Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They could increase the cost of insurance for doctors and alter 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 negligence, the patient must show each of these legal elements by a preponderance of evidence: breach of that duty, causation, and damages.

Duty of Care

The first aspect of a medical negligence claim is that the victim was owed a duty by the doctor that was not met. Medical malpractice cases differ from other types of negligence cases because they usually involve a physician-patient relationship, which is established through documents from a doctor or telephone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors may also be held accountable for the actions of their employees, such as assistants or interns. They could also be held accountable for the actions of emergency personnel working under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to meet the standard of care under the circumstances. This can be established with expert testimony about acceptable medical procedures and the defendant's failure to adhere to these standards. The second aspect is that the breach directly harmed the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This concept is known as the proximate cause. If, for instance, the negligent treatment you claim to have received was not able to have an adverse impact on your health, regardless of whether or not it was performed or not, you aren't able to claim damages for any injuries, or wrongful death, that you believe was caused by the doctor's actions.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient could be held accountable for negligence. To win a medical malpractice case the person who suffered must prove four elements: that there was a duty of medical care and that the doctor breached the duty and that the breach caused injury, and that the injury resulted in damages. The standard of care is the main element in a medical malpractice case, and it's determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. For example, if the physician breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. The doctor's lapse in obligation causes the broken part to heal improperly, resulting in a complete or partial loss of use and subsequent financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances, federal courts can also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have state courts that specialize in the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if doctors fail to fulfill their obligation to not cause harm. A medical malpractice claim could be brought up when a doctor chooses to perform a treatment that is associated with risks and the patient could have refused the procedure if fully informed of the potential consequences.

The plaintiff in a medical negligence case must prove that the physician did not follow accepted standards of practice, that the failure was a direct cause of the injury or illness the patient was suffering from and that the ailment would not have happened but because of the negligence of the doctor. The burden of proof, known as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, lawyers on both sides have to spend substantial time and resources in preparation for the trial. This is why malpractice claims can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health organizations are in favor of efforts to reform the tort laws in the United States.

Damages

In the event of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages pay for monetary losses and expenses resulted from the negligence of the doctor for example, loss of income or the cost of future medical care. Non-economic damages may include reimbursement for physical and mental stress.

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

Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. The victims of alleged medical negligence could also have to stand trial before a jury and may be in danger that their claim will be rejected by a judge or rejected by a juror.

In order to win a medical malpractice attorneys negligence claim, you must show that the medical error or negligence caused your injury. The damage must be severe enough to warrant a monetary payment that will compensate you for your financial losses and emotional trauma. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount which can be awarded to a person who is successful in filing a claim.