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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They could increase the cost of insurance for doctors and also alter the practice of medicine.

In general doctors owe their patients the obligation to adhere to the accepted medical practices, without deviation or the slightest omission. This is referred to as the standard of care.

To successfully sue a doctor for negligence, the patient must show each of these legal elements by the preponderance evidence: duty; breach of that obligation; causation; damages.

Duty of Care

The first element of a medical malpractice lawyer malpractice claim is that the victim was obliged to perform a duty by the doctor that was not met. Medical malpractice claims differ from other negligence cases in that they often involve a physician-patient relationship, which can be established through things like doctor's records or phone consultations. In general, doctors who treat their patients must adhere to the accepted guidelines in their field and practice.

Doctors can also be held liable for the negligence or incompetence of their staff members, for example, assistants or interns. They may also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff then has to demonstrate that the defendant's actions did not conform to the standard of care in the circumstances. This can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's refusal to follow these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's omission of duty and your injury or your loved one's wrongful death. This is known as proximate reason. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health, regardless whether it was executed or not, you won't be able claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient could be held accountable for negligence. To win a medical malpractice claim, the patient must prove four legal aspects that a duty of professional care was breached and the doctor violated this obligation; the breach led to injury, and the injury caused damages. The first aspect of a medical malpractice lawsuit centers around the standard of care which is determined by experts' testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this duty occurs when he or she violates the standard of care in rendering treatment to the patient. If a doctor breaks the arm of a patient, the doctor may fail to cast it correctly. A breach by a doctor can make the injured arm to heal incorrectly. This can result in a partial or complete loss of use and financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in 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 cases. Most states have a system of special state courts that deal with the cases, although they have different rules of procedure than federal district courts.

Causation

Doctors swear to do no harm, and if they fail in their duty to uphold this duty and cause harm, a patient may be entitled to compensation for damages. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that carries known risks, and the patient could have refused the procedure if they had been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to act in accordance with accepted guidelines for practice, and that the doctor's negligence was the direct cause of the injury or illness the patient suffered and that the harm could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery proceedings. Both sides spend a lot of time and money prepping for a trial, whether it settles or goes to court. This is one reason why malpractice claims are costly for both the plaintiff and the physician involved. It is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

In the event of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages compensate patients for financial losses and expenses resulted from the negligence of the doctor like loss of income or expense of future medical treatment. Non-economic damages can include compensation for mental and physical anguish.

Medical malpractice claims are usually filed in a state trial court. However, there are some instances in which a lawsuit may be filed in federal court. This is typically the situation where a physician is employed by a federally-funded clinic like the Veteran's Administration, or if the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical malpractice could also be subject to the stress of an open jury trial and could be in danger of having their claim dismissed by a judge or dismissed by a jury.

You must prove that medical negligence, or error was the cause of your injury in order to be awarded a case for medical negligence. The injury must be severe enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional distress. In addition, New York medical malpractice laws provide for damages caps and other limitations on the amount that may be awarded to a person who successfully makes a claim.