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Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as real threats. They can increase insurance costs and can affect the practice of medicine.

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

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

Duty of Care

The most important element of a medical malpractice claim is that the person who was injured was obliged to perform a duty by the doctor that was not met. Medical malpractice claims differ from other types of negligence cases because they often involve a physician-patient relation, which can be established by things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and practice.

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

The next element the plaintiff must prove is that the defendant did not meet the standards of care under the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's inability to follow these standards. The second factor is that the breach directly hurts the patient. To prove this your lawyer must prove that there is a direct link and causal relationship between the defendant's failure to perform his duty and your injury or your loved one's untimely death. This is called proximate cause. For instance, if negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless whether it was performed or not, you wouldn't be able to win damages for any injuries or deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient may be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal aspects which include: a duty to provide professional care existed and the doctor breached this duty; the breach caused injuries; and the damage resulted in damages. The standard of care is the first aspect in a medical wrongful conduct case, and it is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.

A physician breaches this duty when he or she deviates from the norm of care while treating the patient. For instance, if a doctor breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A doctor's breach causes the broken arm to heal improperly. This can result in a partial or complete loss of use, and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts may also take on these cases. The 94 federal districts courts across the United States each have a judge and jury panel that hears these cases. A majority of states have a system of state courts that deal with these matters. However, they follow different rules for court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and when they fail to fulfill this obligation and cause injury patients may be entitled to compensation for the damages. A medical malpractice attorneys malpractice lawsuit could occur when a doctor chooses to perform a treatment that is associated with risks and the patient would have declined the procedure had they been fully informed of all possible consequences.

In a medical malpractice lawsuit, the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. This failure must have been the primary cause of any illness or injury suffered by the patient and the injury could not have occurred but because of the doctor's negligence. This burden of proof is referred to as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery processes. Both parties invest a lot of time and money prepping for a trial, whether it's settled or if it goes to court. This is why malpractice claims can be costly for both the plaintiff and physician involved. It is also one of the main reasons why physicians and health care groups support efforts to reform the tort laws in the United States.

Damages

Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages compensate the victim for the monetary losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical malpractice law firms expenses. Non-economic damages are the payment of physical pain and mental stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. It is usually the case when a doctor is employed by a federally-funded clinic such as the Veterans Administration or in the case of a doctor who is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical negligence might also have to endure a jury trial and may be in danger of their claim being denied by a judge or rejected by a juror.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a monetary award that covers your financial losses as well as emotional stress. New York medical malpractice law also includes certain damage caps, as well as limits to the amount that the patient could receive should they be successful in filing claims.