Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They drive up physician insurance costs and can affect medical practice.

In general, doctors are under an obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.

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

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a doctor's duty which was not fulfilled. Unlike some types of negligence cases medical malpractice claims typically require the existence of the relationship between a doctor and patient, lawyers which could be established through documents such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

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

The next element that a plaintiff has to prove is that the defendant failed to adhere to the standard of care in the particular circumstances. This is only able to be proved through expert testimony about acceptable medical malpractice law firms practices and the defendant's inability to adhere to these guidelines. The second element is that the breach directly harmed the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's omission of duty and your injuries or loved one's untimely death. This concept is known as causal proximate. For instance, if negligence alleged by the defendant wouldn't have had an adverse impact on your health regardless whether it was performed or not, you won't be able to recover damages for any injuries or deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their duty of care towards the client could be held liable for negligence. In order to win a medical malpractice suit the victim must prove four things: that there was a duty of medical care and the doctor breached the obligation and that the breach resulted in injury and finally the injury caused damages. The first aspect of a medical malpractice case is the standard of care that is determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a doctor fractures the arm of a patient the doctor may fail to cast the patient correctly. A doctor's error can cause the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of use, and monetary damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts may also take on these cases. The 94 federal district courts across the United States each have a jury and judge panel that decides on these cases. The majority of states have a system of state courts that specialize in these matters, albeit with different court procedures than federal district courts.

Causation

Doctors swear to do no harm, and if they fail in their duty to uphold that duty and cause injury patients may be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that is associated with risks and the patient could have refused the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice law firm malpractice case must show that the doctor did not comply with accepted standards of practice, that the doctor's negligence was the primary cause of the injury or illness the patient was suffering from and that the harm could not have occurred if it weren't for the physician's negligence. This burden of proof is referred to as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

The lawsuits that allege medical malpractice usually involve expert witnesses and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, lawyers on both sides have to spend significant time and resources preparing for the matter. This is why malpractice claims can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons why physicians and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can receive compensatory or punitive damages, based on the type of medical malpractice. Compensatory damages pay for financial losses and expenses due to the negligence of the doctor like loss of income or the cost of future medical treatments. Non-economic damages can include the payment of physical and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. There are instances when the lawsuit may be filed in federal courts. This is usually the case where a doctor works at a federally-funded clinic, such as the Veteran's Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are largely adversarial in nature and require significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of alleged medical negligence could also have to go through a jury trial and may be in danger that their claim will be rejected by a court or dismissed by a jury.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be severe enough to warrant a financial award that covers your financial losses and emotional trauma. New York medical malpractice law also has damages caps and limits on the amount an individual patient could be awarded should they be successful in filing an claim.