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Malpractice lawsuits are a serious and feared threat for physicians. They could increase the cost of insurance for doctors as well as alter medical practice.
In general doctors owe their patients the obligation to adhere to the accepted medical practices, without deviation or omission. This is referred to as the standard of care.
To successfully sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements by a preponderance of the evidence: breach of duty; causation; and damages.
Duty of Care
The most important element of a medical malpractice claim is that the injured party was bound by a duty of the doctor who was not fulfilled. Unlike some types of negligence cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This could be established through documents like doctor's records or phone consultations. In general, doctors 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, like assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel who are under their supervision.
The next element that a plaintiff has to prove is that the defendant failed to meet the standard of care in the particular circumstances. This element is only able to be proved through expert testimony on acceptable medical practices and the defendant's failure follow these guidelines. The second element is that the breach directly hurts the patient. To prove malpractice the lawyer you hire to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is referred to as proximate cause. For instance, if the negligent treatment claimed to be negligent would not have had any negative impact on your health, irrespective of whether or not it was done by a physician, you will not be able win damages for any injuries, or even wrongful death that was allegedly caused by the doctor's actions.
Breach of Duty
A doctor who fails to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical malpractice claim, the patient must prove four legal elements: a duty of professional care was in place and the physician violated this obligation; the breach led to injuries; and the damage resulted in damages. The primary element of a medical malpractice claim centers around the standard of care, which is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would perform in the same or similar circumstances.
The breach of this obligation occurs when he/she violates the standard of care when giving treatment to the patient. If a physician fractures the arm of a patient, they might fail to cast the arm correctly. The doctor's lapse in duty causes the broken arm to heal improperly, resulting in a complete or partial loss of use and monetary damages.
Medical malpractice cases are filed in state trial courts, however under limited circumstances, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have a special system of state courts that handle these issues. However, they follow different rules for court procedures than federal district courts.
Causation
A patient may be entitled compensation for damages if doctors fail to fulfill their obligation to not cause harm. A medical malpractice attorney malpractice claim may occur when a physician decides to perform a procedure which has known risks and the patient would not have opted out of the procedure if fully informed of the possible consequences.
The plaintiff in a medical malpractice case must prove that the doctor failed to follow accepted standards of practice, that this negligence was the primary cause of the injury or illness that the patient was suffering from and that the injury would not have happened but because of the negligence of the doctor. The burden of proof, known as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" required to convict criminal defendants.
Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the case. This is why malpractice claims can be costly for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to reform the tort laws in the United States.
Damages
Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages may include the payment of physical and mental suffering.
Medical malpractice claims are usually filed in a state trial court. However, there are instances where a suit could be filed in federal court. This is typically the case when a doctor is employed at an institution that is funded by federal funds such as the Veterans' Administration, or where the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.
Lawsuits alleging medical malpractice are usually adversarial and require significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Victims of alleged medical malpractice also may have to endure the stress of an open jury trial and could be at risk of being rejected 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 severe enough that a cash award will significantly compensate for your financial losses and emotional stress. In addition, New York medical malpractice laws have damage caps and other limits on the amount that could be awarded to a patient who successfully makes a claim.
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