Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can increase insurance costs for physicians and change the way they practice medicine.

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

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must be able to prove each of the following legal elements with the preponderance of evidence: breach of obligation; causation; damages.

Duty of Care

The primary element of a medical malpractice claim is that the injured party was legally obligated by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established through things such as doctor's medical records and telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

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

The plaintiff must then establish that the defendant did not adhere to the standard of medical care in the circumstances. This can be established through expert testimony on acceptable medical procedures and the defendant's failure to adhere to these guidelines. The second element of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's failure to perform his duty and your injury or your loved one's untimely death. This is referred to as the proximate cause. If, for example, the alleged negligent act could not have had 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 even wrongful death that was believed to be caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill their obligation of professional care to a patient may be held accountable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal elements that a duty of professional care was breached and the doctor breached this obligation; the breach led to injury, and medical Malpractice lawsuits the injury 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 defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this duty occurs when he is not following the standard of care when rendering treatment to the patient. If a physician fractures the arm of a patient they may not be able to cast the patient correctly. A breach by the doctor causes the injured arm to heal incorrectly. This can result in a partial or complete loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts are also able to consider these claims. The 94 federal districts courts across the United States each have a jury panel and judge that hears these cases. Most states have state courts that specialize in these matters, albeit with different rules of procedure than federal district courts.

Causation

Doctors swear to protect their patients and should they violate this obligation and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice lawsuit could also arise when a doctor decides to administer a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully aware of all potential consequences.

In a medical malpractice case the plaintiff must demonstrate that the doctor did not act in accordance to accepted standards of practice. This breach must have been the main cause of any illness or injury sustained by the patient and the injury would never be the case if it wasn't because of the doctor's negligence. This burden of proof, known as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the matter. This is why malpractice claims can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical negligence. Compensation damages compensate victims for the financial losses and expenses due to the negligence of the doctor like loss of income or the cost of future medical care. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances in which a lawsuit may be filed in federal court. It's usually the case when the doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is a resident of another country, but is working in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are generally adversarial and involve extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical malpractice law firm malpractice might also have to deal with the stress of the jury trial, and possibly be at risk of being denied their claim by a judge or rejected by a jury.

You must demonstrate that medical negligence or mistake caused your injury to win a case for medical negligence. The injury must be severe enough that a monetary award would substantially make up for your financial losses and emotional distress. In addition, New York medical malpractice laws have damage caps and other limits on the amount which can be awarded to a patient who has a successful claim.