• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They can raise insurance costs and may alter the way doctors practice.

In general, doctors have a duty to their patients to adhere to accepted medical practices. This is called the standard of care.

To sue a physician for malpractice, a patient has to demonstrate the following elements with a majority: breach of duty, duty of duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice lawyers negligence claim is that the victim was legally obligated by the doctor that was not met. Unlike some types of negligence cases Medical malpractice claims typically require a physician-patient relationship, which can be established by means like medical records and phone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

Doctors may also be held responsible for the incompetence or negligence of their staff members, such as interns or assistants. They could also be held responsible for the actions of emergency personnel under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standards of care in the specific circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to comply with these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove malpractice, your lawyer will need to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as proximate cause. If, for example, the alleged negligent treatment was not able to have any negative 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 were allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. To win a medical malpractice suit the plaintiff must prove four elements: that there was a duty to care and the physician violated the obligation, that the breach caused injury, and finally caused damage. The standard of care is the main component in a medical negligence case, and it is determined by an expert's testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this duty occurs when he or she violates the standard of care when giving treatment to the patient. For instance, if a doctor breaks a patient's arm the doctor is not able to properly set the arm or fails to cast the broken arm. The doctor's lapse in obligation causes the broken part to heal improperly, resulting in the complete or partial loss of use and subsequent financial damages.

In most cases, medical malpractice claims are filed with state trial courts. However under certain circumstances, federal courts can also hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that decides on these cases. Most states have a system of state courts that are specialized to handle these cases, though they follow different rules for court procedure than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail in their duty to uphold this duty and cause harm, a patient may be entitled to compensation for the damages. Medical malpractice claims can also be brought when a physician performs a procedure that is associated with known risks, and the patient would not have consented to the procedure had they been fully informed.

The plaintiff in a medical malpractice lawsuit must show that the doctor failed to comply with accepted guidelines for practice, and that this negligence was a direct cause of the injury or illness the patient was suffering from, and that the injury could not have occurred except because of the negligence of a physician. This burden of proof, referred to as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits often involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides spend a lot of time and money making preparations for a case whether it settles or if it is a court case. This is a major reason why malpractice claims are costly for both the patient and the doctor involved, and is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the type of medical Malpractice law firms (http://www.mecosys.com/bbs/board.Php?bo_table=project_02&wr_id=1223755) negligence. Compensation damages compensate the victim for the financial losses or costs resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages could include reimbursement for physical and mental suffering.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. This is usually the case where a doctor is employed by a federally-funded clinic such as the Veteran's Administration, or when the doctor is from a different 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 medical negligence might also have to stand trial before a jury, and face the possibility of having their claim rejected by a judge or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury to win an action for medical malpractice. The damage must be severe enough to warrant a financial payment that will compensate you for your financial losses as well as emotional stress. In addition, New York medical malpractice laws provide for damage caps as well as other limits on the amount that can be awarded to a patient who is successful in bringing a claim.