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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They could increase the cost of insurance for physicians and change the medical practice.

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

To sue a doctor over negligence, the patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The first element of a claim for medical malpractice is that the person who was injured was bound by a duty of the doctor that was violated. Medical malpractice cases differ from other types of negligence cases in that they typically involve a patient-physician relationship, which can be established by documents from a doctor or 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, such as assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The plaintiff then has to prove that the defendant did not comply with the standard of care under the circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's failure to adhere to these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must prove that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury or your loved one's untimely death. This concept is known as the proximate cause. For instance, if alleged negligent treatment wouldn't have had an adverse impact on your health, regardless whether it was performed or not, then you wouldn't be able to win damages for any injuries or wrongful deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to perform their duty of professional care to a patient could be held accountable for negligent behavior. In order to prevail in a medical malpractice law firm malpractice lawsuit, the injured person must prove four legal elements that a duty of care or professional care was in place and the doctor breached this duty; the breach caused injuries; and the damage led to damages. The primary element of a claim for medical malpractice is the standard of care, which is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or identical circumstances.

The breach of this duty occurs when he/she is not following the standard of care in providing treatment to the patient. For example, if the physician breaks a patient's arm and does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This can lead to either a complete or partial loss of use, and monetary damages.

In most 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 handles medical malpractice law firm malpractice cases. Most states have a system of state courts that are specialized to handle these matters, albeit with different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by doctors fail to fulfill their obligation to prevent harm. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks, and the patient would not have agreed to the procedure had they been fully informed.

In a medical malpractice lawsuit the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the main cause of any injury or illness sustained by the patient and the injury would never have occurred but for the physician’s negligence. The burden of proof, also known as "preponderance" of evidence is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pre-trial discovery hearings. Both sides invest a lot of time and resources in making preparations for a case whether it is settled or if it is a court case. This is why malpractice lawsuits are costly 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 change tort laws in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the nature of medical malpractice. Compensatory damages compensate patients for the financial losses and expenses caused by the physician's negligence which includes loss of income or the costs of future medical care. Non-economic damages may include compensation for mental and physical anguish.

Medical malpractice claims are generally filed in a state court of trial. There are some situations where the lawsuit may be filed in federal courts. This is typically the situation where a doctor is employed by an institution that is funded by federal funds, such as the Veteran's Administration, or where the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical negligence may also be required to go through a jury trial and may be in danger that their claim will be rejected by a judge or dismissed by a jury.

You must establish that medical negligence or mistake caused your injury to be able to make an action for medical malpractice. The injury must be significant enough that a cash award will significantly compensate for your financial losses and emotional distress. New York medical malpractice law also has damage caps, as well as limits to the amount that a patient can receive after proving an appeal.