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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can increase the cost of insurance for physicians and change the medical practice.

In general doctors owe patients the obligation to follow the medical standards that are accepted without any deviation or omission. This is referred to as the "standard of care.

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

Duty of Care

The primary element of a claim for medical malpractice is that the person who was injured was legally obligated by the doctor that was violated. Medical malpractice cases differ from other types of negligence claims in that they often involve a physician-patient relation, which can be established by things like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors may also be held accountable for the negligence of their staff members, such as assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff has to prove is that the defendant failed to satisfy the standard of medical care under the circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical procedures and the defendant's failure to follow these guidelines. The second element of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's omission of duty and your injury or loved one's untimely death. This is referred to as causal proximate. For instance, if the negligent treatment you claim to have received did not have an adverse effect on your health, irrespective of whether or not it was performed by a physician, you will not be able claim damages for any injuries, or wrongful death, that you believe was caused by the doctor's conduct.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient can be held accountable for negligent behavior. To win a medical malpractice case the person who suffered must prove four elements: that there was a duty of care, that the physician breached the obligation, that the breach caused injuries, and then the injury resulted in damages. The first element of a claim for medical malpractice revolves around the standard of care which is determined through experts' testimony. The standard of care is what an "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this obligation occurs when he/she deviates from the standard of care when giving treatment to the patient. For instance, if the physician breaks a patient's arm the doctor isn't able to properly set it or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken part to heal improperly, which results in partial or full loss of use and subsequent financial damages.

Medical malpractice cases are filed in state trial courts, but in certain circumstances federal courts may take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice lawsuit malpractice cases. A majority of states have a system of state courts that deal with these cases. They do however, follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by doctors fail to fulfill their obligation to avoid harm. A medical malpractice claim could also arise if the doctor is performing a procedure that has known risks, and the patient wouldn't have consented to the procedure had they been fully informed.

The plaintiff in a medical malpractice case must prove that the physician did not adhere to accepted standards of practice, that this negligence was the primary cause of the illness or injury the patient was suffering from and that the injury would not have occurred but because of the negligence of a physician. The burden of proof, known as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. Both sides spend a lot of time and money preparing for a case, whether it's settled or if it goes to court. This is why malpractice claims can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care organizations support efforts to change tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages compensate patients for the financial losses and expenses due to the negligence of the doctor which includes loss of income or costs of future medical care. Non-economic damages include compensation for physical pain as well as mental anxiety.

Medical malpractice claims are filed in state trial courts. There are some situations where an action can be filed in federal courts. This is typically the situation where a doctor works at a federally funded facility like the Veteran's Administration, or where the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

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 alleged medical negligence may also have to endure a jury trial and risk the possibility that their claim will be rejected by a judge, or dismissed by a jury.

To be successful in a medical malpractice claim, you must show that the medical negligence or error caused your injury. The injury must be severe enough to warrant a monetary award that would cover your financial losses as well as emotional stress. In addition, New York Medical Malpractice Law Firm malpractice laws have specific damage caps as well as other limits on the amount that could be awarded to a patient who is successful in filing a claim.