Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They increase insurance costs and can affect the way doctors practice.

In general, doctors owe patients the duty to uphold the accepted medical practices, without deviation or the slightest omission. 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 demonstrate each of the following legal elements by a preponderance of the evidence: breach of obligation; causation; damages.

Duty of Care

The primary element of a medical negligence claim is that the injured party was bound by a duty of the doctor that was not met. Medical malpractice claims are different from other negligence claims in that they typically involve a doctor-patient relationship, which is established by documents from a doctor or phone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors may also be held accountable for the negligence or Medical Malpractice Lawsuit incompetence of their staff members, medical malpractice lawsuit such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then establish that the defendant's actions did not comply with the standard of care under the circumstances. This element can only be proven by expert testimony regarding acceptable medical practices and the defendant's refusal to follow these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove malpractice, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or the wrongful death of your loved one. This is known as proximate causes. If, for instance the alleged negligent act could not have had an adverse impact on your health, irrespective of whether or not it was performed, you won't be able get compensation for any injuries, or even wrongful death that was allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. To prevail in a medical negligence lawsuit the plaintiff must prove four elements: that there was a duty of care, that the physician breached the obligation and that the breach caused injury, and that the injury caused damage. The first aspect of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this obligation occurs when he violates the standard of care while rendering treatment to the patient. For instance, when a physician breaks the arm of a patient, the doctor fails to correctly set it or fails to cast the broken arm. A doctor's error can cause the broken arm to heal improperly. This could lead to a partial or complete loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts can consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Most states have a specialized system of state courts that deal with these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and should they violate this duty and cause harm patients may be entitled to compensation for damages. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that carries known risks, and the patient would have opted to not undergo the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to comply with accepted guidelines for practice, and that this failure was the direct cause of the illness or injury the patient was suffering from and that the injury could not have occurred if it weren't for the physician's negligence. The burden of proof, also known as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. Both parties invest a lot of time and money prepping for a trial, whether it is settled or goes to court. This is why malpractice cases can be costly for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the type of medical negligence. Compensatory damages compensate patients for the financial losses and expenses due to the negligence of the doctor which includes loss of income or cost of future medical treatments. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which the lawsuit may be filed in federal courts. This is typically the situation where a doctor works at a federally-funded clinic such as the Veterans' Administration, or if the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are mostly adversarial and involve significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and potentially face the threat of having their claim dismissed by a judge, or dismissed by jurors.

You must establish that medical negligence or mistake caused your injury to win a claim for medical malpractice. The injury must be significant enough that a financial award will substantially compensate for your financial losses and emotional distress. In addition, New York medical malpractice laws have certain damages caps and other limitations on the amount that could be awarded to a patient who is successful in bringing a claim.