Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for physicians and change the way they practice medicine.

In general doctors owe patients the obligation to adhere to the accepted medical practice without any deviation or exclusion. This is referred to as the standard of care.

To successfully claim a doctor's malpractice, an aggrieved patient must prove each of the following legal elements with a preponderance of the evidence: breach of duty, breach of that obligation; causation; damages.

Duty of Care

The first element in a medical malpractice case is that the victim was owed a duty to a doctor which was not fulfilled. In contrast to other types of negligence cases medical malpractice claims typically require an established relationship between the doctor and patient. This can be established through things like a doctor's records and telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff members, like assistants or interns. They can also be held accountable for the actions of emergency personnel working under their supervision.

The plaintiff must then prove that the defendant's conduct did not comply with the standard of care under the circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's refusal to adhere to these standards. The second factor is that the breach directly injured the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is referred to as causal proximate. For instance, if the alleged negligent treatment was not able to have an adverse effect on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to claim damages for any injuries, or wrongful death, that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of care to a client can be held accountable for negligence. In order to succeed in a medical negligence case, the injured patient must prove four legal aspects: a duty of professional care was breached and the doctor violated this obligation; the breach led to injury; and the result was a cause of damages. The standard of care is the primary component in a medical negligence case, and it is determined by an expert's testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this duty is when he or she deviates from the standard of care while providing treatment to the patient. For example, if the doctor breaks the arm of a patient when he fails to correctly set it or fails to cast the broken arm. A doctor's error can cause the injured arm to heal incorrectly. This can result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts, however in certain circumstances federal courts can also consider these claims. The 94 federal districts courts across the United States each have a jury panel and judge that decides on these cases. The majority of states have a special system of state courts that handle these matters. However, they are subject to different rules for court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if medical professionals fail to perform their obligation to avoid harm. A la crescent medical malpractice attorney malpractice lawsuit could occur when a physician decides to perform a procedure which has known risks and the patient would have declined the procedure if fully informed of the possible consequences.

The plaintiff in a medical negligence case must show that the doctor failed to act in accordance with accepted standards of practice, that this negligence was a direct cause for the injury or illness the patient suffered and that the harm would not have happened but for the physician's negligence. This burden of proof is also known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Lawsuits alleging danville medical malpractice lawsuit malpractice often involve expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the trial. This is a major reason that malpractice claims are costly for both the plaintiff and the medical professional affected, and attorneys is one of the reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded punitive or compensatory damages depending on the kind of medical malpractice. Compensatory damages pay for financial losses and expenses due to the negligence of the doctor for example, loss of income or the expense of future medical treatment. Non-economic damages are the compensation for physical pain and mental anguish.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. This is typically the situation when a doctor is employed at a federally funded clinic, such as the Veteran's Administration, or if the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve extensive legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of medical malpractice might also have to deal with the stress of a jury trial and may be at risk of being rejected by a judge or dismissed by jurors.

You must demonstrate that medical negligence or error caused the injury you suffered to win a lawsuit for medical malpractice. The injury must be significant enough that a cash award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has damages caps, as well as other restrictions on the amount an individual patient could be awarded when they are successful in bringing claims.