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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They drive up physician insurance costs and may alter the medical practice.

In general, doctors owe patients the obligation to follow the accepted medical practice without deviation or exclusion. This is known as the standard of care.

To sue a doctor over malpractice, a patient has to prove the following elements with a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the victim was bound by a duty of the doctor that was breached. Medical malpractice claims differ from other types of negligence cases because they usually involve a physician-patient relationship, which is established through documents from a doctor or telephone consultations. In general, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff then has to prove that the defendant did not conform to the standard of care in the circumstances. This can be established by expert testimony regarding acceptable medical procedures and the defendant's failure to comply with these guidelines. The second factor is that the breach directly injured the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's omission of duty and your injury or loved one's untimely death. This concept is known as proximate causation. If, for instance, the alleged negligent act did not have a negative effect on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to claim damages for any injuries or death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who does not fulfill their duty of care to the client may be held liable for negligence. In order to win a medical malpractice case the victim must prove four elements: that there was a duty of care and the physician violated the obligation, that the breach caused injury, medical malpractice lawsuits and that the injury caused damages. The first element of a medical malpractice claim centers around the standard of care which is determined by expert testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar circumstances.

A physician violates this duty in the event that he or she departs from standard care while treating the patient. For instance, Medical malpractice Lawsuits if the physician breaks a patient's arm the doctor is not able to properly set the arm or fails to cast the broken arm. A breach by the doctor causes the broken arm heal incorrectly. This could result in an incomplete or total loss of use, and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a specialized system of state courts that deal with these issues. However, they are subject to different rules for court procedures than federal district courts.

Causation

Physicians take an oath to protect their patients and should they violate this duty and cause harm patients may be entitled to compensation for the damages. A medical malpractice attorney malpractice claim could also arise if the physician performs a procedure that is associated with known risks and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a case of medical malpractice must prove that the medical professional failed to comply with accepted standards of practice, that the doctor's negligence was a direct cause of the illness or injury the patient suffered and that the harm would not have occurred but for the physician's negligence. This burden of proof, 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 witnesses and lengthy pretrial discovery proceedings. Both sides spend a lot of time and money prepping for a trial, whether it is settled or if it goes to court. This is the primary reason that malpractice claims are costly for both the plaintiff and the medical professional involved, and it is one of the main reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims can receive damages for punitive or compensatory, based on the kind of medical malpractice. Compensatory damages compensate patients for monetary losses and expenses resulted from the negligence of the doctor like loss of income or the expense of future medical treatment. Non-economic damages include compensation for physical pain and mental stress.

Medical malpractice claims are generally filed in a state trial court. There are instances when an action can be filed in federal courts. This is usually the situation when a doctor is employed by a federally-funded clinic such as the Veteran's Administration or in the case of a doctor who is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and involve an extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical negligence may also be required to stand trial before a jury and are at risk of having their claim rejected by a court or dismissed by a juror.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The damage must be serious enough that a financial settlement would substantially make up for your financial losses and emotional distress. New York medical malpractice law also has specific damages caps, as well as other limits on the amount an individual patient could be awarded after proving claims.