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Four Elements of a Medical Malpractice Case

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

In general doctors owe patients the obligation to follow accepted medical practices without any deviation or the slightest omission. This is known as the standard of care.

To sue a doctor for malpractice, a patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the victim was legally obligated by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often require the existence of a physician-patient relationship, which is established through things like doctor's records or phone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

However, doctors may also be liable for the negligence of their staff members, including assistants or interns. They may also be held responsible for the actions of emergency personnel working under their supervision.

The next thing that a plaintiff must prove is that the defendant failed to meet the standard of care in the particular circumstances. This element is only proven through expert testimony on acceptable medical practices, and the defendant's refusal to follow these guidelines. The second factor is that the breach directly affected the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's breach of duty and your injury or loved one's untimely death. This is known as proximate reason. If, for instance, the alleged negligent act could not have had a negative effect on your health, irrespective of whether or not it was performed, you won't be able get compensation for any injuries, or wrongful death, that you believe was caused by the doctor's actions.

Breach of Duty

A doctor who does not fulfill their duty of care to a client can be held liable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal elements which include: a duty to provide professional care was in place and the doctor violated this obligation; the breach led to injury; and the result resulted in damages. The primary element of a medical malpractice claim centers around the standard of care which is determined by experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a doctor medical malpractice breaks the arm of a patient the doctor may fail to cast the right way. A doctor's breach causes the broken arm heal incorrectly. This could result in either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances federal courts are also able to 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 cases. Most states have a specialized system of state courts that handle these cases. However, they are subject to different rules for court procedures than federal district courts.

Causation

Physicians take an oath to do no harm, and should they violate that duty and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that has risks and the patient would have opted to not undergo the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice (homepage) case must show that the doctor did not adhere to accepted standards of practice, that the doctor's negligence was a direct cause of the injury or illness the patient suffered, and that the injury would not have happened but because of the negligence of a physician. This burden of proof is referred to as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. Both sides spend a lot of time and money the preparation of a case, whether it settles or if it is a court case. This is the primary reason why malpractice claims can be so costly for both the plaintiff and the medical professional involved, and it is one of the main reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical negligence. Compensatory damages compensate patients for financial losses and expenses due to the negligence of the doctor for example, loss of income or the cost of future medical care. Non-economic damages include the compensation for physical pain and mental stress.

Medical malpractice claims are usually filed in a state trial court. However, there are situations in which a lawsuit may be filed in federal court. This is typically the case where a doctor is employed by a federally funded clinic, such as 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.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the pressure of the jury trial, and possibly be in danger of having their claim rejected by a judge, or dismissed by jurors.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a financial settlement will substantially compensate for your financial losses and emotional distress. Additionally, New York medical malpractice laws have damages caps and Medical Malpractice other limitations on the amount that could be awarded to a person who is successful in filing a claim.