Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They can raise insurance costs and may alter medical practice.

In general, doctors are under the obligation to their patients to adhere to accepted medical practices. This is referred to as the "standard of care.

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

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was bound by a duty of the doctor that was violated. Medical malpractice cases differ from other negligence claims in that they often involve a physician-patient relationship, which is established by documents from a doctor or telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff is then required to prove that the defendant's actions didn't adhere to the standard of medical care in the circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's failure to follow these guidelines. The second element is that the breach directly injured the patient. To prove that you have committed a crime your lawyer needs to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This concept is known as proximate causation. If, for example, the alleged negligent treatment could not have had an adverse impact on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to claim damages for any injuries or death that was believed to be cause by the physician's behavior.

Breach of Duty

A physician who fails in their duty of care towards a client can be held accountable for negligence. To win a medical negligence lawsuit the plaintiff must establish four elements: there was a duty to care and the physician violated the obligation, that the breach resulted in injuries, and then the injury caused damage. The first aspect of a medical malpractice lawsuit centers around the standard of care which is determined through expert testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar circumstances.

A physician breaches this duty in the event that he or she departs from standard care while treating the patient. For example, if the physician breaks the arm of a patient and does not correctly set it 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 financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances federal courts can hear these claims. The 94 federal district courts across the United States each have a jury panel with a judge who hears these cases. A majority of states have specialized state courts that handle these matters, albeit with different court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and when they fail to fulfill the oath and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice lawsuit could also arise when a doctor decides to perform 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 lawsuit must show that the doctor failed to comply with accepted standards of practice, that this negligence was the direct cause of the illness or injury the patient suffered and that the ailment could not have occurred except for the physician's negligence. This burden of proof, known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

medical malpractice law firm malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. Both sides spend a lot of time and resources in preparing for a case, whether it's settled or if it goes to court. This is the reason why malpractice claims can be expensive for both the plaintiff and physician involved. It is one of the primary reasons that doctors and health organizations are in favor of 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 patient for the financial losses or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include compensation for physical pain as well as mental distress.

Medical malpractice lawsuits are typically filed in a state trial court. There are instances when the lawsuit may be filed in federal courts. This is typically the situation where a physician is employed by a federally-funded clinic such as the Veterans' Administration, or where the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice also may have to endure the stress of an open jury trial and could face the threat of being denied their claim by a judge or dismissed by a jury.

To be successful in a medical malfeasance claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a monetary award will significantly compensate for your financial losses as well as emotional pain. Furthermore, New York medical malpractice laws have specific damage caps as well as other limits on the amount that can be awarded to a person who has a successful claim.