Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can raise insurance costs and Vimeo.com can affect medical practice.

In general, doctors are under a duty to their patients to adhere to accepted medical practices. This is referred to as the "standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, an aggrieved patient must show each of these legal elements by the preponderance of evidence: breach of duty; breach of duty; causation; damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a doctor's duty which was not fulfilled. In contrast to other types of negligence cases Medical malpractice claims typically require a relationship between doctor and patient. This could be established through documents like doctor's records or phone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

However, doctors could also be liable for the negligence of their staff members, including interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel working under their supervision.

The plaintiff then has to prove that the defendant's actions did not meet the standard care under the circumstances. This can be established through expert testimony on acceptable medical practices and the defendant's refusal to follow these guidelines. The second element of malpractice is that this breach directly caused injury to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's breach of duty and your injury or loved one's untimely death. This is referred to as proximate cause. If, for instance the negligent treatment you claim to have received did not have an adverse effect on your health, regardless of whether or not it was performed by a physician, you will not be able claim damages for any injuries, or even wrongful death that was believed to be caused by the doctor's actions.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient can be held accountable for negligence. To win a medical malpractice claim, the patient must prove four legal elements which include: a duty to provide professional care existed and the doctor breached this obligation; the breach led to injury; and the injury was a cause of damages. The standard of care is the primary aspect in a medical wrongful conduct case, and is determined by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this obligation occurs when he is not following the standard of care in giving treatment to the patient. If a doctor breaks the arm of a patient the doctor may fail to cast it correctly. The doctor's lapse in obligation causes the broken arm to heal incorrectly, resulting in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, although under limited circumstances federal courts can also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear baton rouge medical malpractice law firm malpractice cases. The majority of states have a system of state courts that specialize in these cases, but with different court procedures than federal district courts.

Causation

Doctors swear to protect their patients and if they fail in their duty to uphold this obligation and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice claim could also arise when a doctor opts to carry out a procedure that carries known risks, and the patient would not have opted out of the procedure if they had been fully informed of the potential consequences.

In a medical malpractice case the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. This failure must have been the primary cause of any injury or illness sustained by the patient and the injury would never occur if it weren't due to the negligence of the doctor. The burden of proof, referred to as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, the attorneys on both sides spend an enormous amount of time and effort preparing for the trial. This is the primary reason why malpractice claims are so expensive for both the patient and the doctor affected, and is one of the main reasons that health care professionals and physicians organizations are in favor of reforming tort law in the United States.

Damages

In the event of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for the financial losses and expenses resulted from the negligence of the doctor like loss of income or the expense of future medical treatment. Non-economic damages could include compensation for mental and physical anguish.

Medical malpractice claims are generally filed in a state trial court. However, there are some instances where a lawsuit can be filed in federal court. This is typically the case when doctors are employed by a federally funded clinic such as the Veterans 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 adversarial and require extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical negligence might also have to go through a jury trial, and face the possibility that their claim will be rejected by a judge, or dismissed by a jury.

In order to win a medical negligence claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be significant enough that a monetary award will substantially compensate for your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps, as well as other restrictions on the amount a patient can receive if they successfully make an claim.