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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can raise insurance costs for doctors and also alter the way they practice medicine.

In general doctors owe patients the duty to uphold the medical malpractice law firm standards that are accepted without deviation or exclusion. This is known as the standard of care.

To sue a physician for negligence, the patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the victim was owed a duty by the doctor who was not fulfilled. Unlike some types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which is established through things like doctor's records or phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors can also be held accountable for the incompetence or negligence 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 is then required to prove that the defendant's actions didn't adhere to the standard of medical care in the circumstances. This can only be proven by expert testimony on acceptable medical practices and the defendant's inability to follow these guidelines. The second aspect is that the breach directly injured the patient. To prove malpractice your lawyer needs to prove that the defendant's breach of duty directly caused your injury or the death of your loved one. This is referred to as proximate causation. For instance, if an alleged negligent treatment wouldn't have had a negative impact on your health irrespective whether it was executed or not, then you wouldn't be able to win damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to fulfill their obligation of professional care to a patient could be held accountable for negligent behavior. In order to prevail in a medical malpractice claim, the patient must prove four legal aspects that a duty of professional care existed and the physician violated this obligation; the breach led to injuries; and the damage led to damages. The primary element of a medical malpractice claim revolves around the standard of care that is determined by experts' testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's violation of this duty occurs when he/she does not adhere to the standard of care in providing treatment to the patient. For instance, when a doctor breaks a patient's arm and isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this duty causes the injured arm to heal improperly, which results in a complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are brought in state trial courts. However, under certain conditions federal courts are also able to 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 state courts that specialize in these matters, albeit with different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for damages if a physician fails to fulfill their obligation to avoid harm. A medical malpractice claim may occur when a physician decides to perform a procedure that is associated with risks and the patient would have declined the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the physician failed to act in accordance with accepted standards of practice, that the failure was the primary cause of the injury or illness the patient was suffering from, and that the injury would not have happened but because of the negligence of a physician. The burden of proof, also known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery proceedings. If the case settles or goes to trial, the attorneys from both sides spend an enormous amount of time and effort preparing for the matter. This is a major reason why malpractice claims are so expensive for both the plaintiff and the physician involved. It is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded damages for punitive or compensatory, based on the kind of medical malpractice. Compensation damages compensate the victim for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages are compensation for physical pain as well as mental anxiety.

Medical malpractice claims are generally filed in a state court of trial. There are some situations where the lawsuit may be filed in federal courts. This is usually the situation when doctors are employed by a federally funded clinic such as the Veterans Administration or if the doctor is from another country but practices in the United States as part of a treaty with extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and involve significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and may be at risk of being denied their claim by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a cash award would substantially make up for your financial losses and emotional distress. Additionally, New York medical malpractice laws have certain damage caps and other limits on the amount that may be awarded to a person who is successful in bringing a claim.