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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can increase insurance costs for doctors as well as alter the way they practice medicine.

In general doctors owe patients a duty to uphold the accepted medical malpractice law firm practices, without any deviation or omission. This is known as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must be able to prove each of the following legal elements using a preponderance of the evidence: breach of duty; breach of duty; causation; and damages.

Duty of Care

The first element in a medical malpractice case is that the person injured was owed a duty of a doctor which was not fulfilled. Medical malpractice claims are different from other negligence claims in that they usually involve a physician-patient relationship that can be established through documents from a doctor or telephone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and medical malpractice lawsuits practice.

Doctors could also be held liable for the incompetence or negligence of their staff members, such as interns or assistants. They can also be held accountable 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 standard of care in the specific circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's refusal to adhere to these guidelines. The second aspect of malpractice is that the breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's dereliction of duty and your injury or your loved one's untimely death. This is referred to as proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health irrespective whether it was executed or not, then you wouldn't be able claim damages for any injuries or deaths that were caused by the doctor's actions.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient can be held accountable for negligence. To be successful in a medical malpractice case, the injured patient must prove four legal elements which include: a duty to provide professional care was owed and the doctor breached this duty; the breach caused injury; and the injury led to damages. The first part of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would perform in the same or similar circumstances.

A doctor is in violation of this obligation when he or she strays from the standard of care when treating the patient. If a doctor fractures the arm of a patient they may not be able to cast the patient correctly. A breach by a doctor can make the injured arm to heal incorrectly. This could result in the loss of use, either in whole or in part of use and financial damages.

In most instances, medical malpractice lawsuits are filed with 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 is able to hear medical malpractice cases. Many states have a distinct system of state courts that deal with these issues. However, they have different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by a physician fails to fulfill their obligation to avoid harm. A medical malpractice claim can also be brought when a doctor performs a treatment with known risks and the patient wouldn't have consented to the procedure had they been fully informed.

In a medical malpractice case the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care was the sole cause of any injury or illness suffered by the patient and the injury would never have occurred if not due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent 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 proceedings. Both parties invest a lot of time and money preparing for a case, whether it's settled or goes to court. This is a major reason that malpractice claims are costly to both the plaintiff and the medical professional involved, and is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

In the event of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate the victim for the financial losses or expenses caused by the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages are the payment of physical pain and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which a lawsuit can be filed in federal courts. This is usually the case when a doctor is employed at a federally-funded clinic such as the Veteran's Administration, or when the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and may be in danger of having their claim dismissed by a judge or dismissed by a jury.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The harm must be serious enough that a cash award will substantially compensate for your financial losses and emotional distress. Additionally, New York medical malpractice laws have certain damages caps and other limitations on the amount that can be awarded to a patient who is successful in filing a claim.