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Malpractice lawsuits pose a real and real threat to physicians. They can raise insurance costs and may alter the way doctors 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 successfully claim a doctor's negligence, the patient must prove each of the following legal elements with the preponderance evidence: breach of duty; causation; damages.
Duty of Care
The primary element of a claim for medical malpractice is that the victim was owed a duty by the doctor that was violated. As opposed to other types cases Medical malpractice claims typically involve the existence of a physician-patient relationship, which could be established through documents such as doctor's medical records and telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.
However, doctors could be held accountable for the actions of their employees, such as assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel under their supervision.
The next thing the plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This is only able to be proved through expert testimony about acceptable medical practices, and the defendant's inability to adhere to these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's omission of duty and your injury, or your loved one's death. This is referred to as proximate causation. For instance, if the negligent treatment alleged to have caused the injury would not have had a negative effect on your health, regardless whether it was performed or not, you won't be able to claim damages for any injuries or deaths that were resulted from the negligence of the doctor.
Breach of Duty
A physician who fails to meet their obligation of care to clients can be held liable for negligence. To prevail in a medical negligence lawsuit, the injured party must demonstrate four elements: that a duty of care existed and the doctor breached the duty and the breach caused injury and finally the injury caused damage. The standard of care is the primary element in a medical malpractice case, and is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar circumstances.
The physician's breach of this obligation occurs when he/she is not following the standard of care while giving treatment to the patient. For instance, when a physician breaks the arm of a patient when he does not correctly set it or fails to cast the broken arm. A breach by a doctor can make the broken arm heal incorrectly. This could lead to a partial or complete loss of use, as well as financial damages.
Medical malpractice cases are filed in state trial courts, but in certain circumstances federal courts may hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have special state courts that deal with the cases, although they have different rules of procedure than federal district courts.
Causation
Doctors swear to protect their patients and if they fail in their duty to uphold the oath and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice claim may occur when a doctor medical Malpractice Law firms decides to perform a procedure which has known risks and the patient would have declined the procedure if they had been fully informed of all possible consequences.
The plaintiff in a medical malpractice lawsuit must prove that the physician did not follow accepted standards of practice, that the doctor's negligence was a direct cause for the injury or illness the patient suffered and that the harm would not have occurred but because of the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.
Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Both sides spend a lot of time and money prepping for a trial, whether it's settled or goes to court. This is one reason why malpractice claims are costly to both the plaintiff and the medical Malpractice law firms professional involved. It is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.
Damages
Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensation damages are awarded to patients for the financial losses and expenses caused by the negligence of a physician, such as loss of income or cost of future medical care. Non-economic damages can include compensation for mental and physical anguish.
Medical malpractice lawsuits are usually filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. This is typically where a doctor works at a federally funded facility such as the Veterans' Administration, or if the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are largely adversarial in nature and involve extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical negligence also may have to endure the stress of a jury trial and potentially face the threat of being denied their claim by a judge or dismissed by the jury.
To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be significant enough that a cash award would substantially make up for your financial losses as well as emotional stress. Additionally, New York medical malpractice laws have damage caps as well as other limits on the amount which can be awarded to a person who has a successful claim.
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