Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They can increase insurance costs and could alter the way doctors practice.

In general doctors owe their patients the obligation to follow the accepted medical practice without deviation or the slightest omission. This is referred to as the standard of care.

To successfully sue a doctor for negligence, the patient must be able to prove each of the following legal elements using a preponderance of the evidence: duty; breach of that duty; causation; and damages.

Duty of Care

The primary element in a medical malpractice case is that the injured person was owed a doctor's duty which was not fulfilled. As opposed to other types cases, medical malpractice claims often require a physician-patient relationship, which can be established through things like medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff members, for example, assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff is then required to prove that the defendant did not comply with the standard of care under the circumstances. This element is only proven through expert testimony on acceptable medical practices, and the defendant's inability to comply with these guidelines. The second element of malpractice is that this breach directly caused harm to the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's omission of duty and your injury, or your loved one's untimely death. This is known as proximate causes. If, for instance, the alleged negligent treatment did not have any negative impact on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to win damages for any injuries, or wrongful death, that were allegedly cause by the physician's behavior.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient can be held accountable for negligence. In order to be successful in a medical malpractice lawsuit, the injured person must prove four legal elements which include: a duty to provide professional care was breached and the doctor breached this obligation; the breach led to injury; and the result was a cause of damages. The first element of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this obligation occurs when he or she does not adhere to the standard of care while providing treatment to the patient. For example, if the physician breaks a patient's arm the doctor fails to correctly set it or fails to cast the broken arm. The doctor's lapse in obligation causes the broken arm to heal improperly, resulting in a complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances federal courts can be able to hear these cases. The 94 federal district courts across the United States each have a jury and judge panel that hears these cases. A majority of states have a system of state courts that deal with these matters. However, they have different rules for court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to avoid harm. Medical malpractice claims can also arise when a doctor chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not comply with accepted guidelines for practice, and that this failure was a direct cause of the illness or injury the patient was suffering from and that the injury would not have occurred but because of the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Legal actions claiming medical malpractice typically require expert testimony and lengthy pretrial discovery procedures. If the case settles or goes to trial, attorneys on both sides spend significant time and resources preparing for the case. This is the reason why malpractice claims are costly for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health care organizations support efforts to reform the tort laws in the United States.

Damages

Victims can receive compensatory or Medical Malpractice Law Firms punitive damages, based on the type of medical malpractice. Compensatory damages compensate patients for monetary losses and expenses resulted from the negligence of the doctor which includes loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain as well as mental stress.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are certain situations where a lawsuit can be filed in federal court. This is typically the case where a doctor works at an institution that is funded by federal funds, such as the Veteran's Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence could also have to stand trial before a jury and may be in danger of having their claim rejected by a judge or rejected by a juror.

You must prove that medical malpractice law firms negligence or error caused the injury you suffered to win a claim for medical malpractice Law Firms malpractice. The damage must be serious enough that a financial settlement will substantially compensate for your financial losses and emotional trauma. New York medical malpractice law also has specific damage caps, and other limits on the amount a patient can receive after proving a claim.