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Malpractice lawsuits are a real and feared threat for physicians. They can increase insurance costs for physicians and change the practice of medicine.
In general, doctors have the obligation to their patients to adhere to accepted medical practices. This is known as the standard of care.
To sue a doctor for negligence, the patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation, and damages.
Duty of Care
The first element of a medical malpractice case is that the party who suffered was bound by a duty of the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which can be established by means like doctor's records or phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.
Doctors can also be held liable for the incompetence or negligence of their staff, such as interns or assistants. They could also be held responsible for the actions of emergency personnel who are under their supervision.
The plaintiff is then required to show that the defendant's conduct did not conform to the standard of care in the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's failure to follow these guidelines. The second element is that the breach directly harmed the patient. To prove malpractice the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or the death of your loved one. This concept is known as causal proximate. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless of whether it was done or not, you would not be able claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.
Breach of Duty
A doctor who fails to fulfill his or her duty of professional care to a patient can be held accountable for negligence. To win a medical malpractice suit, the injured party must establish four elements: there was a duty to care and that the doctor breached the duty and that the breach resulted in injury and finally the injury caused damage. The standard of care is the most important element in a medical malpractice case, and it is determined by expert testimony. The standard of care is the amount an "reasonably cautious" doctor would do in similar or similar circumstances.
A doctor is in violation of this obligation when he or she deviates from the normal care of the patient. For instance, if a doctor breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. The doctor's lapse in obligation causes the broken part to heal improperly, resulting in a complete or partial loss of use and subsequent monetary damages.
In the majority of instances, medical malpractice claims are filed in state trial courts. However in certain circumstances, federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice attorneys malpractice cases. A majority of states have special state courts that deal with the cases, although they have different rules of court procedure than federal district courts.
Causation
Physicians swear to not cause harm, and should they violate this duty and cause harm patients may be entitled to compensation for damages. A medical malpractice claim can also arise when the doctor is performing a procedure that has known risks, and the patient wouldn't have agreed to the procedure if they had been fully informed.
The plaintiff in a case of medical malpractice must prove that the physician did not adhere to accepted standards of practice, that this negligence was a direct cause for the injury or illness the patient suffered, and that the injury would not have occurred but because of the negligence of the doctor. This burden of proof is also known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.
Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. If the case settles or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the matter. This is a major reason why malpractice claims are costly for both the plaintiff and the doctor involved, and it is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.
Damages
Depending on the kind of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages pay for the financial losses and expenses caused by the physician's negligence, such as loss of income or costs of future medical care. Non-economic damages may include compensation for mental and physical anguish.
Medical malpractice claims are filed in state trial courts. There are instances when the lawsuit may be filed in federal courts. This is usually the situation when the doctor is employed by a federally funded clinic such as the Veteran's Administration, or in the case of a doctor who is from another country but practices in the United States as part of an extraterritorial treaty.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, lawyers depositions, and requests for production of documents. The victims of alleged medical negligence may also have to stand trial before a jury and are at risk of having their claim rejected by a judge, or dismissed by a jury.
You must demonstrate that medical negligence or lawyers error caused your injury to win an action for medical malpractice. The damage must be severe enough to warrant a financial payment that will compensate you for your financial losses and emotional pain. New York medical malpractice law also has specific damages caps, as well as other limits on the amount patients can be awarded should they be successful in filing claims.
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