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Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They can raise insurance costs and can alter medical practice.

In general, doctors have obligations to their patients to adhere to accepted medical practices. This is known as the standard of care.

To sue a doctor for negligence, the patient must establish the following elements using a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

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

However, doctors could be liable for the negligence of their staff members, including interns or assistants. Additionally, they can be held liable for the actions of emergency medical malpractice law firm personnel who are working under their supervision.

The plaintiff has to demonstrate that the defendant did not adhere to the standard of medical care in the circumstances. This is only able to be proved through expert testimony about acceptable medical practices, and the defendant's reluctance to adhere to these standards. The second element is that the breach directly injured the patient. To prove this, your lawyer must show 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 referred to as proximate cause. For instance, if the negligent treatment claimed to be negligent would not have had a negative effect on your health, irrespective of whether or not it was done or not, you aren't able to get compensation for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care towards clients can be held liable for negligence. To succeed in a medical negligence case, the injured patient must prove four legal elements that a duty of professional care was owed and the physician violated this obligation; the breach led to injury; and the injury caused damages. The first aspect of a medical malpractice lawsuit revolves around the standard of care that is determined by experts' testimony. The standard of care is what an "reasonably prudent" doctor would do in similar or similar circumstances.

A physician breaches this duty when he or her deviates from the standard of care when treating the patient. If a doctor fractures the arm of a patient, they might fail to cast it correctly. A breach by the doctor causes the broken arm heal incorrectly. This could lead to the loss of use, either in whole or in part of use, and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts are also able to consider 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. Most states have a specialized system of state courts that deal with these cases. However, they are subject to different rules of court procedure than federal district courts.

Causation

Doctors swear to do no harm, and should they violate this obligation and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a physician decides to administer a procedure that is associated with risks and the patient would not have opted out of the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to comply with accepted standards of practice, that this failure was the direct cause of the injury or illness that the patient suffered and that the harm could not have occurred except because of the negligence of the doctor. This burden of proof is also known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery proceedings. Both sides spend a lot of time and resources in the preparation of a case, whether it settles or if it goes to court. This is the primary reason that malpractice claims are costly for both the plaintiff and the doctor involved, and is one of the main reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

Depending on the type of medical negligence, victims can seek compensatory or punitive damages. Compensation damages are awarded to 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 are the compensation for physical pain and mental anguish.

Medical malpractice claims are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is usually the situation when doctors are employed by a federally funded clinic, like the Veteran's administration, or if the doctor is from another country but practices in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of medical negligence might also have to face a jury trial and are at risk that their claim will be rejected by a judge or dismissed by a juror.

You must establish that medical negligence or error caused the injury you suffered to win a case for medical negligence. The damage must be severe enough to warrant a financial award that would cover your financial losses as well as emotional distress. New York medical malpractice law also has certain damages caps and limits to the amount that the patient could receive should they be successful in filing claims.