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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They can increase insurance costs for doctors and also alter the medical practice.

In general doctors owe patients a duty to uphold the accepted medical practice without deviation or exclusion. This is referred to as the standard of care.

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

Duty of Care

The primary element of a medical malpractice claim is that the person who was injured was owed a duty by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often require an established relationship between the doctor and patient. This could be established through documents like medical records and telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, including assistants or interns. They could 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 did not adhere to the standard of care in the circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's refusal to comply with these guidelines. The second element of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's failure to perform his duty and your injury or your loved one's wrongful death. This is known as proximate causes. For instance, if alleged negligent treatment wouldn't have had an adverse effect on your health, regardless whether it was performed or not, you won't be able to claim damages for any injuries or deaths that were caused by the physician's conduct.

Breach of Duty

Physicians who fail to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care was owed and the doctor breached this duty; the breach caused injuries; and the damage resulted in damages. The first element of a medical malpractice claim revolves around the standard of care that is determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or similar circumstances.

The breach of this duty occurs when he/she is not following the standard of care in rendering treatment to the patient. For instance, when a physician breaks the arm of a patient the doctor isn't able to properly set it or fails to cast the broken arm. A doctor's breach causes the injured arm to heal incorrectly. This can lead to a partial or complete loss of use, and monetary damages.

Medical malpractice cases are filed in state trial courts, although under certain circumstances, federal courts may also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have specialized state courts that handle the cases, although they have different rules of procedure than federal district courts.

Causation

Physicians take an oath to avoid harm, and if they fail in their duty to uphold this obligation and cause injury, the patient may be legally entitled to compensation for their losses. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that has risks and the patient would not have opted out of the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the physician did not adhere to accepted guidelines for practice, and that this negligence was the direct cause of the injury or illness that the patient suffered and that the injury would not have happened but for the physician's negligence. The burden of proof, also known as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, the lawyers on both sides have to spend an enormous amount of time and effort preparing for the case. This is why malpractice cases can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the nature of medical negligence. Compensatory damages compensate the patient for the financial losses or expenses caused by the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages include the payment of physical pain and mental distress.

Medical malpractice claims are usually filed in a state court of trial. However, there are some instances where a lawsuit could be filed in federal court. It's usually the case when a doctor is employed by a federally-funded medical 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.

Lawsuits alleging medical malpractice are generally adversarial and require significant legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the stress of a jury trial and may be in danger of being denied their claim by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury has to be severe enough to warrant a financial award that would cover your financial losses and emotional pain. In addition, New York medical malpractice laws have specific damages caps and other limitations on the amount which can be awarded to a person who has a successful claim.