What NOT To Do During The Medical Malpractice Litigation Industry

Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They drive up physician insurance costs and could alter the practice of medicine.

In general doctors owe patients a obligation to adhere to the accepted medical malpractice lawyers practices, without any deviation or infraction. This is referred to as the standard of care.

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must prove each of the following legal elements with the preponderance evidence: breach of duty, breach of that duty, causation, and damages.

Duty of Care

The first element of a medical negligence claim is that the person who was injured was owed a duty by the doctor that was not met. Medical malpractice claims differ from other negligence cases because they usually involve a physician-patient relation, which can be established through things like doctor's records or phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors may also be held accountable for the incompetence or negligence of their staff members, like assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then establish that the defendant did not comply with the standard of care under the circumstances. This is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's reluctance to comply with these standards. The second factor is that the breach directly affected the patient. To prove that you have committed a crime your lawyer needs to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This concept is known as causal proximate. For instance, if the alleged negligent treatment wouldn't have had a negative effect on your health, regardless of whether it was done or not, then you wouldn't be able claim damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their duty of care towards a client can be held accountable for their negligence. To prevail in a medical negligence lawsuit the person who suffered must demonstrate four elements: that a duty of care existed, that the physician breached the obligation and that the breach caused injury, and finally caused damages. The primary element of a medical malpractice claim revolves around the standard of care, which is determined by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's violation of this obligation is when he or she is not following the standard of care when rendering treatment to the patient. For example, if the physician breaks the arm of a patient, the doctor fails to correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This could result in either a complete or partial loss of usage, and also financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances 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 will hear medical malpractice cases. The majority of states have a system of state courts that are specialized to handle these cases, though they follow different rules for court procedure than federal district courts.

Causation

Physicians swear to not cause harm, and if they fail to uphold this duty and cause harm, the patient may be entitled to compensation for the damages. A medical malpractice claim can also be brought when a doctor administers a procedure with known risks, and the patient wouldn't have consented to the procedure had they been fully informed.

In a medical malpractice case the plaintiff must show that the doctor's actions were not in accordance with accepted standards of practice. This breach was the sole cause of any illness or injury suffered by the patient and the injury would never occur if it weren't for the physician’s negligence. This burden of proof is also known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery proceedings. Both parties invest a lot of time and resources in prepping for a trial, whether it's settled or goes to court. This is one reason that malpractice claims are expensive for both the plaintiff and the doctor affected, and is one of the reasons that physicians and health care organizations support efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages compensate the patient for the financial loss or costs resulting from the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages include compensation for mental and physical suffering.

Medical malpractice lawsuits are typically filed in a state court of trial. There are instances when lawsuits can be filed in federal courts. This is typically the case when the doctor is employed by a clinic that is funded by federal funds such as the Veterans Administration or when the doctor is a resident of another country but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of medical negligence may also be required to stand trial before a jury, and face the possibility of their claim being rejected by a court or dismissed by a juror.

You must prove that medical negligence, or error caused your injury to be able to make a lawsuit for medical malpractice. The injury has to be severe enough to warrant a financial payment that will compensate you for your financial losses and emotional trauma. New York medical malpractice law also has certain damage caps, as well as restrictions on the amount patients can be awarded should they be successful in filing a claim.