Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and feared threat for physicians. They increase insurance costs and can alter the medical practice.

In general doctors owe patients a duty to uphold the accepted medical practices, without any deviation or infraction. This is known as the standard of care.

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

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a duty to a doctor that was violated. Unlike some types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors can also be liable for the negligence of their staff members, such as assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical malpractice law firm personnel working under their supervision.

The plaintiff then has to demonstrate that the defendant's actions did not meet the standard care under the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's failure to comply with these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove malpractice, your lawyer will need to show that the breach of duty by the defendant directly caused your injury or death of your loved one. This is referred to as causal proximate. For instance, if negligence alleged by the defendant wouldn't have had a negative effect on your health, regardless of whether it was performed or not, you won't be able claim damages for any injuries or wrongful deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient can be held accountable for negligence. To succeed in a medical negligence claim, the patient must prove four legal aspects which include: a duty to provide professional care was owed and the physician violated this obligation; the breach led to injuries; and the damage was a cause of damages. The first part of a claim for medical malpractice revolves around the standard of care that is determined by experts' testimony. The standard of care is defined as what is what a "reasonably prudent" doctor Medical malpractice law firm would perform in the same or similar circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a physician breaks the arm of a patient, the doctor may fail to cast the patient correctly. A doctor's breach causes the broken arm to heal improperly. This could lead to 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 may take on these cases. The 94 federal districts courts across the United States each have a jury and judge panel that is responsible for hearing these cases. Most states have specialized state courts that handle the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if a physician fails to fulfill their obligation to avoid harm. A medical malpractice lawsuit could also arise when a doctor decides to administer a procedure that carries known risks, and the patient would not have opted out of the procedure had they been fully informed of the potential consequences.

The plaintiff in a case of medical malpractice must prove that the medical professional failed to adhere to accepted guidelines for practice, and that this failure was the primary 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, also known as "preponderance" of evidence, is less stringent than "beyond reasonable doubt" that is required to convict criminal defendants.

medical malpractice attorney malpractice lawsuits typically require expert testimony from witnesses and lengthy discovery procedures prior to trial. In the event that the case settles or goes to trial, attorneys on both sides spend an enormous amount of time and effort preparing for the matter. This is one reason why malpractice claims are so costly to both the plaintiff and the medical professional involved. It is one of the main reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the kind of medical malpractice. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages include compensation for physical pain and mental distress.

Medical malpractice claims are filed in state trial courts. However, there are situations where a lawsuit can be filed in federal court. It's usually the case when the doctor is employed by a federally-funded clinic like the Veteran's administration or when the doctor is a resident of another country but practices in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of medical negligence might also have to stand trial before a jury and risk the possibility that their claim will be rejected by a judge or rejected by a jury.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses as well as emotional trauma. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that could be awarded to a person who has a successful claim.