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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They could increase the cost of insurance for physicians and change the practice of medicine.

In general, doctors are under an obligation to their patients to adhere to accepted medical practices. This is called the standard of care.

To successfully claim a doctor's malpractice, the patient must be able to prove each of the following legal elements using a preponderance of the evidence: breach of duty, breach of obligation; causation; damages.

Duty of Care

The first element in a medical malpractice attorney malpractice case is that the person injured was owed a doctor's duty that was breached. Contrary to other types of negligence cases medical malpractice claims typically require the existence of an established relationship between the doctor and patient. This can be established through things like medical records and telephone consultations. In general, physicians who treat patients must adhere to accepted standards of their profession and practice.

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

The plaintiff must then show that the defendant's actions didn't conform to the standard of care in the circumstances. This element can be proven with expert testimony about acceptable medical practices and the defendant's failure to adhere to these guidelines. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove malpractice the lawyer you hire to prove that the defendant's breach of duty directly caused your injury or death of your loved one. This is known as proximate reason. If, for instance the alleged negligent treatment did not have an adverse impact on your health, regardless of whether or not it was performed or not, you aren't able to get compensation for any injuries, or wrongful death, that were allegedly cause by the physician's behavior.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligent behavior. In order to win a medical malpractice case, the injured party must prove four things: that there was a duty to care and the physician violated the obligation and the breach caused injury and finally the injury resulted in damages. The standard of care is the first aspect in a medical wrongful conduct case, and it's determined by the testimony of an expert. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar circumstances.

A physician is in breach of this duty when he or she strays from the standard of care when treating the patient. If a physician breaks the arm of a patient they may not be able to cast the patient correctly. A breach by a doctor can make the broken arm heal incorrectly. This can lead to either a complete or partial loss of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts, however under certain conditions, federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Many states have a distinct system of state courts that deal with these matters. However, they follow different rules of court procedure than federal district courts.

Causation

Physicians swear to do no harm, and should they violate this obligation and cause injury patients may be entitled to compensation for damages. Medical malpractice claims can also arise when the doctor performs a treatment with known risks, and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a case of medical malpractice must prove that the physician did not follow accepted guidelines for practice, and that this negligence was a direct cause for the injury or illness the patient was suffering from, and that the injury could not have occurred if it weren't because of the negligence of a physician. The burden of proof, referred to as "preponderance" of evidence, is less arduous than "beyond reasonable doubt" required 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 making preparations for a case whether it is settled or goes to court. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

In the event of medical negligence, victims are able to seek punitive and compensatory damages. Compensatory damages compensate patients for financial losses and expenses due to the negligence of the doctor which includes loss of income or cost of future medical treatments. Non-economic damages include compensation for physical pain and mental anxiety.

Medical malpractice lawsuits are typically filed in a state court of trial. There are a few instances where the lawsuit may be filed in federal courts. It is usually the case when the doctor is employed by a federally-funded clinic like the Veteran's administration or in the case of a doctor who is from another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of medical malpractice could also be subject to the pressure of the jury trial, and possibly be in danger of being denied their claim by a judge or dismissed by the jury.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical malpractice law firms professional caused your injury. The damage must be serious enough that a monetary award will significantly compensate for your financial losses as well as emotional stress. New York medical malpractice law also has damages caps, as well as other limits to the amount that an individual patient could be awarded should they be successful in filing an appeal.