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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They can increase the cost of insurance for doctors and alter the medical practice.

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

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

Duty of Care

The most important element in a medical malpractice case is that the victim was owed a doctor's duty which was not fulfilled. As opposed to other types cases, medical malpractice claims often require an established relationship between the doctor and patient. This is established through things such as doctor's medical records and telephone consultations. In general, doctors who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors could be held accountable for the negligence of their staff members, like interns or assistants. They may also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff then has to establish that the defendant's actions did not conform to the standard of care in the circumstances. This is only proven through expert testimony regarding acceptable medical practices, and the defendant's refusal to adhere to these guidelines. The second element of malpractice is that this breach directly caused harm to the patient. To prove malpractice your lawyer must to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is known as proximate causes. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health regardless of whether it was performed or not, you would not 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 physician who fails to fulfill their obligation of professional care to a patient may be held accountable for negligent behavior. In order to win a medical malpractice suit, the injured party must prove four elements: that a duty of care existed, that the physician breached the duty, that the breach caused injury and finally the injury resulted in damages. The primary element of a claim for medical malpractice revolves around the standard of care that is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's violation of this duty occurs when he violates the standard of care when giving treatment to the patient. For instance, if a doctor breaks a patient's arm when he 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 can lead to a partial or complete loss of use, and monetary damages.

In the majority of cases, medical malpractice claims are filed with state trial courts. However in certain circumstances federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Many states have a distinct system of state courts that deal with these cases. However, they follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to not cause harm, and should they violate the oath and cause injury the patient could be entitled to compensation for any damages. A medical malpractice claim may also arise when a doctor is performing a procedure that has known risks and the patient wouldn't have consented to the procedure if they had been fully informed.

The plaintiff in a case of medical malpractice law firms malpractice must prove that the physician failed to act in accordance with accepted guidelines for practice, and that this negligence was the primary cause of the injury or illness that the patient suffered and that the ailment would not have happened but because of the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Legal actions claiming medical malpractice typically involve expert witnesses and lengthy pretrial discovery processes. If the case settles or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the case. This is a major reason why malpractice claims are so expensive for both the plaintiff and the doctor affected, and is one of the reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages pay for financial losses and expenses caused by the negligence of a physician which includes loss of income or the cost of future medical treatments. Non-economic damages could include the payment of physical and mental anxiety.

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

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of medical negligence could also have to go through a jury trial and are at risk that their claim will be rejected by a court or dismissed by a jury.

You must prove that medical malpractice law firms negligence, or error caused your injury in order to be awarded a claim for medical malpractice. The injury has to be severe enough to warrant a financial award that would cover your financial losses and emotional distress. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount that may be awarded to a person who is successful in filing a claim.