Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They drive up physician 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 called the standard of care.

To successfully sue a doctor for negligence, the patient must be able to prove each of the following legal elements with a preponderance of the evidence: duty; breach of that duty; causation; and damages.

Duty of Care

The primary element in a medical malpractice case is that the victim was owed a doctor's duty that was not met. Medical malpractice cases differ from other negligence cases in that they often involve a physician-patient relation, which can be established through things like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

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

The plaintiff has to demonstrate that the defendant's actions did not meet the standard care under the circumstances. This element is only proven through expert testimony on acceptable medical practices, and the defendant's failure comply with these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's dereliction of duty and your injury or your loved one's death. This is known as proximate causes. For instance, if the negligence alleged by the defendant wouldn't have had a negative impact on your health regardless whether it was executed or not, you would not be able to claim damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of care to clients can be held liable for negligence. To prevail in a medical negligence lawsuit, the injured party must establish four elements: a duty of care existed and the doctor breached the duty, that the breach resulted in injuries, and then the injury caused damages. The standard of care is the most important component in a medical negligence case, and it's determined by an expert's testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or identical circumstances.

A physician breaches this duty in the event that he or she departs from the normal care of the patient. If a doctor fractures the arm of a patient the doctor may fail to cast the arm correctly. The doctor's lapse in duty causes the broken arm to heal improperly, resulting in partial or full loss of use, and further financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can be able to hear these cases. 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 state courts that specialize in these cases, though they follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by the doctor fails to meet their duty to do no harm. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks and the patient wouldn't have consented to the procedure had they been fully informed.

The plaintiff in a medical malpractice case must prove that the physician did not act in accordance 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 except for the physician's negligence. This burden of proof, known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony as well as lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and Vimeo money making preparations for a case whether it's settled or goes to court. This is one of the main reasons that malpractice claims are costly to both the plaintiff and the medical professional involved. It is one of the 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 damages for Vimeo punitive or Vimeo compensatory, based on the type of medical malpractice. Compensatory damages pay for financial losses and costs due to the negligence of the doctor, such as loss of income or cost of future medical malpractice lawyer care. Non-economic damages may include compensation for mental and physical stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is usually the case where a doctor works at a federally funded facility such as the Veterans' Administration, or if the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of alleged medical negligence may also have to go through a jury trial, and face the possibility of having their claim rejected by a judge or dismissed by a jury.

You must prove that medical negligence or mistake caused your injury to be able to make a case for medical negligence. The harm must be serious enough that a cash award is sufficient to cover your financial losses as well as emotional stress. Furthermore, New York medical malpractice laws have specific damage caps and other limits on the amount which can be awarded to a patient who is successful in bringing a claim.