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Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They drive up physician insurance costs and could alter medical practice.

In general, doctors have a duty to their patients to follow accepted medical practices. This is referred to as the "standard of care.

To sue a physician for malpractice, the patient must demonstrate the following elements with a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The first aspect of a medical malpractice lawyers negligence claim is that the victim was owed a duty by the doctor that was violated. As opposed to other types cases medical malpractice claims typically require a physician-patient relationship, which is established through things such as doctor's medical records and phone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The plaintiff is then required to demonstrate that the defendant's actions didn't conform to the standard of care in the circumstances. This can be established by expert testimony regarding acceptable medical malpractice law firms procedures and the defendant's failure to adhere to these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is called proximate cause. For example, if the negligent treatment alleged to have caused the injury would not have had an adverse impact on your health regardless of whether it was performed or not, you won't be able to win damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to win a medical malpractice case the person who suffered must prove four things: that there was a duty of medical care and the physician violated the obligation, that the breach caused injury, and finally resulted in damages. The standard of care is the primary aspect in a medical wrongful conduct case, and is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's violation of this obligation occurs when he or she is not following the standard of care when providing treatment to the patient. For instance, when a doctor breaks a patient's arm and fails to correctly set it or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken arm to heal improperly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, however under certain circumstances federal courts are also able to take on these cases. 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 special state courts that deal with the cases, although they have different rules of court procedure than federal district courts.

Causation

Doctors swear to do no harm, and if they fail to uphold the oath and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a physician opts to carry out a procedure that carries known risks, and the patient would not have opted out of the procedure had they been fully informed of the possible consequences.

In a case of medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the direct cause of any injury or illness suffered by the patient, and the injury could not occur if it weren't because of the doctor's negligence. This burden of proof is also known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. If the case is settled or goes to trial, attorneys on both sides spend an enormous amount of time and effort preparing for the issue. This is why malpractice cases can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Depending on the type of medical negligence, the victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial loss or expenses caused by the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages include the payment of physical and mental anxiety.

medical malpractice lawyers malpractice lawsuits are filed in state trial courts. However, there are some instances where a lawsuit can be filed in federal court. This is typically the case when doctors are employed by a federally funded clinic, like the Veteran's administration or when 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 mostly adversarial and involve significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical malpractice also may have to endure the pressure of an open jury trial and could risk being denied their claim by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses as well as emotional stress. New York medical malpractice law also includes certain damage caps, and other limitations on the amount an individual patient could be awarded after proving claims.