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

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They can raise insurance costs and can alter the way doctors practice.

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

To successfully sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements with a preponderance of the evidence: duty; breach of that duty, causation, and damages.

Duty of Care

The first element in a medical malpractice case is that the victim was owed a duty to a doctor that was not met. Unlike some types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff has to prove that the defendant's conduct did not comply with the standard of care under the circumstances. This element can only be proven by expert testimony about acceptable medical practices, and the defendant's failure adhere to these guidelines. The second aspect of malpractice is that the breach directly harmed the patient. To prove that you have committed a crime your lawyer must to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is known as proximate causes. For example, if the negligent treatment alleged to have caused the injury would not have had a negative effect on your health regardless whether it was performed or not, you won't be able to claim damages for any injuries or wrongful deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient can be held accountable for negligent behavior. To succeed in a medical negligence lawsuit, the injured person must prove four legal aspects which include: a duty to provide professional care was owed and the doctor violated this obligation; the breach led to injury; and the result caused damages. The standard of care is the most important component in a medical negligence case, and is established by expert testimony. The standard of care is what an "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's breach of this duty occurs when he does not adhere to the standard of care when providing treatment to the patient. If a physician breaks the arm of a patient the doctor may fail to cast the arm correctly. The doctor's lapse in obligation causes the broken arm to heal improperly, resulting in partial or full loss of use and subsequent financial damages.

In the majority of cases, medical malpractice claims are filed in state trial courts. However under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. The majority of states have special state courts that deal with these matters, albeit with different rules of procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if doctors fail to fulfill their obligation to not cause harm. Medical malpractice claims can also arise when the physician performs a procedure that is associated with known risks, and the patient wouldn't have agreed to the procedure had they been fully informed.

The plaintiff in a medical malpractice case must show that the doctor did not adhere to accepted standards of practice, that the doctor's negligence was the direct cause of the injury or illness that 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, referred to as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

The lawsuits that allege medical malpractice usually include expert witnesses and lengthy pretrial discovery proceedings. Both parties invest a lot of time and resources in making preparations for a case whether it settles or goes to court. This is the primary reason why malpractice claims are costly for both the plaintiff and the medical professional involved. It is one of the main reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate the patient for the financial losses or expenses caused by the doctor's negligence. This includes income loss and future medical costs. Non-economic damages are compensation for physical pain and mental stress.

medical malpractice attorney malpractice claims are usually filed in a state trial court. There are certain situations in which lawsuits can be filed in federal courts. This is typically the case where a doctor works at a federally funded facility like the Veteran's Administration, or if the physician is from another 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 depositions, written interrogatories and requests for the production of documents. Victims of alleged medical malpractice might also have to deal with the pressure of an open jury trial and could be in danger of being rejected by a judge or dismissed by a jury.

In order to win a medical negligence claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a financial settlement will significantly compensate for your financial losses as well as emotional distress. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount which can be awarded to a patient who successfully makes a claim.