Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They can increase insurance costs for Vimeo physicians and Vimeo change the practice of medicine.

In general, doctors are under the obligation 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 prove each of the following legal elements by a preponderance of the evidence: duty; breach of obligation; causation; damages.

Duty of Care

The most important element of a medical malpractice case is that the party who suffered was obliged to perform a duty by the doctor that was breached. Medical malpractice claims are different from other negligence claims in that they often involve a physician-patient relationship, which can be established through things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

However, doctors could be liable for the negligence of their staff members, such as interns or assistants. They could also be held responsible for the actions of emergency personnel working under their supervision.

The next thing the plaintiff must prove is that the defendant failed to meet the standards of care in the circumstances. This element is only proven through expert testimony regarding acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The other element is that the breach directly affected the patient. To prove malpractice, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the death of a loved one. This is referred to as proximate cause. If, for example, the negligent treatment you claim to have received was not able to have an adverse impact on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to be awarded damages for any injuries, or wrongful death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient can be held accountable for negligence. In order to win a medical malpractice case the plaintiff must prove four things: that there was a duty of medical care and the physician violated the duty and that the breach resulted in injury and finally the injury caused damage. The first element of a medical malpractice case is 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.

A physician violates this duty when he or she strays from the standard of care when treating the patient. For instance, if a doctor breaks a patient's arm the doctor fails to correctly set it or fails to cast the broken arm. A breach by a doctor can make the broken arm heal incorrectly. This can lead to either a complete or partial loss of usage, and also financial damages.

port neches medical malpractice law firm malpractice cases are brought in state trial courts. However, in certain circumstances, federal courts may also be able to hear these cases. The 94 federal districts courts across the United States each have a judge and jury panel that decides on these cases. A majority of states have a system of special state courts that deal with these cases, but with different rules of procedure than federal district courts.

Causation

Doctors swear to do no harm, and when they fail to fulfill that duty and cause injury, the patient may be entitled to compensation for any damages. Medical malpractice claims can also arise when a doctor chooses to perform a treatment which has known risks and the patient would have declined the procedure if they had been fully informed of the potential consequences.

The plaintiff in a case of medical malpractice must show that the doctor failed to act in accordance with accepted guidelines for practice, and that this negligence was the direct cause of the injury or illness that the patient was suffering from and that the injury could not have occurred if it weren't due to the negligence of the doctor. This burden of proof is referred to as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery proceedings. Both sides invest a lot of time and resources in the preparation of a case, whether it is settled or if it goes to court. This is the reason why malpractice claims can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages include the payment of physical pain and mental anguish.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. This is usually the situation when doctors are employed by a federally-funded clinic, like the Veteran's administration or when the doctor is a resident of other country, but practices in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and involve an extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence could also have to stand trial before a jury, and face the possibility of their claim being rejected by a court or dismissed by a jury.

You must prove that medical negligence, or mistake caused your injury to be able to make a lawsuit for waycross medical malpractice law firm malpractice. The damage must be serious enough that a financial award would substantially make up for your financial losses as well as emotional pain. New York medical malpractice law also has damages caps, as well as other limits on the amount the patient could receive if they successfully make a claim.