Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose an actual threat. They increase insurance costs and can alter medical practice.

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

To sue a doctor over malpractice, a patient must be able to prove the following elements by a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The most important element of a medical negligence claim is that the injured party was legally obligated by the doctor that was violated. As opposed to other types 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. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

However, doctors may also be accountable for the wrongful actions of their staff members, including interns or assistants. They may also be held responsible for the actions of emergency personnel working under their supervision.

The next element the plaintiff must prove is that the defendant failed to adhere to the standard of care in the specific circumstances. This can only be proven by expert testimony on acceptable medical practices and the defendant's failure comply with these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this, your lawyer must show that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury, or your loved one's wrongful death. This is known as proximate reason. If, for instance, the alleged negligent act could not have had any negative impact on your health, lawyers regardless of whether or not it was done by a physician, you will not be able get compensation for any injuries, or wrongful death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A physician who fails to meet their duty of care to a client can be held liable for negligence. In order to win a medical negligence lawsuit the victim must establish four elements: a duty of care existed and that the doctor breached the duty, that the breach caused injury, and finally caused damages. The primary element of a plum medical malpractice attorney malpractice lawsuit revolves 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.

A physician breaches this duty in the event that he or she departs from the normal care of the patient. If a physician fractures the arm of a patient he or she may fail to cast the arm correctly. A doctor's breach causes the broken arm to heal in a wrong way. This could result in an incomplete or total 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. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have specialized state courts that handle these matters, albeit with different court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and should they violate the oath and cause injury the patient could be entitled to compensation for any damages. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that is associated with risks and the patient would have opted to not undergo the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to comply with accepted standards of practice, that this failure was the direct cause of the illness or injury the patient suffered and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof is referred to as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lawyers lengthy pretrial discovery processes. If the case is settled or goes to trial, the lawyers on both sides have to spend an enormous amount of time and effort preparing for the issue. This is the primary reason why malpractice claims are costly for both the plaintiff and the physician involved, and it is one of the main reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the type of medical negligence. Compensatory damages compensate patients for the financial losses and expenses caused by the negligence of a physician which includes loss of income or cost of future desloge medical malpractice lawsuit care. Non-economic damages can include the compensation for physical and mental stress.

Medical malpractice claims 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 physician is employed by a federally funded facility such as the Veterans' 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 may include written interrogatories as well as depositions as well as requests for documents. The victims of alleged medical negligence could also have to endure a jury trial and risk the possibility of their claim being rejected by a judge or rejected by a juror.

To be successful in a medical malfeasance claim, you must show that the medical negligence or error caused your injury. The harm must be serious enough that a financial settlement will significantly compensate for your financial losses and emotional trauma. In addition, New York medical malpractice laws have specific damages caps and other limitations on the amount that can be awarded to a person who is successful in bringing a claim.