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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They increase insurance costs and may alter the practice of medicine.

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

To successfully to sue a doctor for negligence, the patient must show each of these legal elements using a preponderance of evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The first element in a medical malpractice case is that the person injured was owed a duty by a doctor that was not met. In contrast to other types of negligence cases medical malpractice claims typically require the existence of a physician-patient relationship, which is established through things like doctor's records or phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff, for example, assistants or interns. They may also be held accountable for the actions of emergency personnel under their supervision.

The next element the plaintiff must prove is that the defendant did not meet the standards of care under the circumstances. This element can only be proven by expert testimony about acceptable medical practices and the defendant's failure comply with these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's wrongful death. This is known as proximate causes. For instance, if alleged negligent treatment wouldn't have had a negative impact on your health regardless of whether it was done or not, then you wouldn't be able claim 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 meet their duty of care to the client may be held liable for negligence. To win a medical malpractice case, the injured patient must prove four legal elements: a duty of professional care was in place and the doctor violated this obligation; the breach led to injury; and the result led to damages. The first aspect of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.

The physician's breach of this obligation occurs when he or she violates the standard of care when providing treatment to the patient. If a doctor fractures the arm of a patient he or she may fail to cast it correctly. The physician's failure to perform this duty causes the broken arm to heal improperly, which results in the complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts are also able to hear these claims. The 94 federal district courts across the United States each have a jury and judge panel that hears these cases. Most states have state courts that are specialized to handle these cases, but with different rules for court procedure than federal district courts.

Causation

Doctors swear to protect their patients and when they fail to fulfill the oath and cause injury the patient could be entitled to compensation for any damages. A medical malpractice lawsuit could occur when a physician opts to carry out a procedure which has known risks and the patient would have declined the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to adhere to accepted guidelines for practice, and that the failure was the primary cause of the injury or illness the patient was suffering from and that the harm would not have happened but due to the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, attorneys on both sides spend an enormous amount of time and effort preparing for the matter. This is a major reason why malpractice claims can be so costly for both the patient and the doctor involved, and is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the type of medical negligence. Compensation damages are awarded to patients 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 include compensation for physical pain as well as mental distress.

medical malpractice lawyers malpractice claims are filed in state trial courts. There are a few instances where the lawsuit may be filed in federal courts. It is usually the case when doctors are employed by a federally-funded clinic such as the Veterans Administration or if the doctor is from another country but is practicing in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and involve large amounts of legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of medical negligence could also have to go through a jury trial and risk the possibility of their claim being rejected by a judge or dismissed by a juror.

You must demonstrate that medical negligence or error caused your injury in order to be awarded a lawsuit for medical malpractice. The injury has to be severe enough to warrant a financial award that covers your financial losses and emotional stress. In addition, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a person who is successful in filing a claim.