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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They increase insurance costs and can alter medical practice.

In general doctors owe patients the obligation to follow accepted medical practices without any deviation or infraction. This is known as the standard of care.

To sue a physician over malpractice, a patient must demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The most important element of a medical malpractice claim is that the injured party was owed a duty by the doctor that was not met. Unlike some types of negligence cases, medical malpractice claims often require the existence of a relationship between doctor and patient. This could be established through documents such as doctor's medical records and telephone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

Doctors may also be held accountable for the negligence or incompetence of their staff, including assistants and interns. In addition, they may be held liable for the actions of emergency medical personnel who are under their supervision.

The next element the plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the particular circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these guidelines. The second element of malpractice is that the breach directly caused injury to 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 injuries or loved one's death. This concept is known as the proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative effect on your health irrespective whether it was executed or not, you won't be able claim damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient could be held accountable for negligent behavior. In order to prevail in a medical malpractice claim, the patient must prove four legal aspects that a duty of care or professional care was in place and the physician violated this duty; the breach caused injury; and the result led to damages. The primary element of a medical malpractice claim revolves around the standard of care, which is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would perform in the same or similar circumstances.

The physician's violation of this duty occurs when he or she deviates from the standard of care in giving treatment to the patient. If a physician breaks the arm of a patient he or she may fail to cast it correctly. A doctor's breach causes the broken arm to heal in a wrong way. This could result in either a complete or partial loss of use and financial damages.

Medical malpractice cases are brought in state trial courts, although 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 hears medical malpractice cases. A majority of states have a system of state courts that are specialized to handle these cases, but with different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to prevent harm. A medical malpractice claim may occur when a doctor decides to administer a procedure that has risks and the patient would have declined the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawyer malpractice case must prove that the medical professional failed to follow accepted standards of practice, that the doctor's negligence was the primary cause of the injury or illness that the patient suffered and that the harm could not have occurred if it weren't due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery procedures. Both sides invest a lot of time and money preparing for a case, whether it settles or if it is a court case. This is the primary reason why malpractice claims are costly for both the plaintiff and the medical professional involved, and it is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Based on the nature of medical negligence, the victims are able to seek punitive and compensatory damages. Compensatory damages pay for the financial losses and expenses caused by the negligence of a physician, such as loss of income or the cost of future medical care. Non-economic damages are compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are certain situations in which the lawsuit may be filed in federal courts. It is usually the case when a doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or in the case of a doctor who is from another country but practices in the United States as part of a treaty with extraterritorial authority.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and potentially be in danger of being denied their claim by a judge or dismissed by a jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury must be severe enough that a monetary award will significantly compensate for your financial losses as well as emotional trauma. Additionally, New York medical malpractice laws have certain damages caps and other limitations on the amount that may be awarded to a person who is successful in filing a claim.