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Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They can increase insurance costs and may alter medical practice.

In general doctors owe their patients the duty to uphold accepted medical practices without deviation or the slightest omission. This is called the standard of care.

To sue a doctor for negligence, the patient must prove the following elements with a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was bound by a duty of the doctor who was not fulfilled. As opposed to other types cases, medical malpractice claims often involve the existence of a physician-patient relationship, which could be established through documents such as doctor's medical records and telephone consultations. In general, doctors who treat patients must adhere to the accepted standards in their profession and practice.

Doctors may be held accountable for the incompetence or negligence of their staff members, for example, assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next element the plaintiff must prove is that the defendant failed to satisfy the standard of medical care under the circumstances. This can be established through expert testimony on acceptable medical procedures and the defendant's failure to follow these standards. The second element of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's failure to perform his duty and your injury or your loved one's untimely death. This is referred to as proximate causation. If, for instance the negligent treatment you claim to have received could not have had a negative effect on your health, irrespective of whether or not it was performed by a physician, you will not be able claim damages for any injuries or death, that you believe was caused by the doctor's conduct.

Breach of Duty

A doctor who fails fulfill their obligation of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care existed and the doctor breached this duty; the breach caused injury; and the injury was a cause of damages. The first element of a medical malpractice claim revolves around the standard of care that is determined by experts' testimony. The standard of care is the amount an "reasonably cautious" doctor would do under similar or identical circumstances.

A physician breaches this duty when he or she deviates from standard care while treating the patient. For example, if the physician breaks the arm of a patient, the doctor isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal improperly, which results in a complete or partial loss of use and monetary damages.

medical malpractice attorney malpractice cases are brought in state trial courts, but under certain circumstances, federal courts may also 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. A majority of states have a system of state courts that handle these issues. However, they are subject to different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for damages if medical professionals fail to perform their obligation to avoid harm. A medical malpractice claim may 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 potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional did not follow accepted standards of practice, that this negligence was a direct cause for the injury or illness the patient suffered and that the injury could not have occurred except because of the negligence of a physician. This burden of proof is referred to as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pre-trial discovery hearings. Whether the case is settled or goes to trial, attorneys on both sides invest significant time and resources preparing for the matter. This is a major reason why malpractice claims are so costly for both the plaintiff and the medical professional involved, and is one of the main reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Based on the nature of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages compensate victims for financial losses and costs caused by the negligence of a physician like loss of income or the cost of future medical care. Non-economic damages could include the payment of physical and mental anxiety.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are situations in which a lawsuit may be filed in federal court. It's usually the case when the doctor is employed by a federally-funded medical clinic, like the Veteran's administration, or when the doctor is from another country but is practicing in the United States as part of an extraterritorial treaty.

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

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The damage must be serious enough that a financial award is sufficient to cover your financial losses as well as emotional trauma. Furthermore, New York medical malpractice laws provide for damages caps and other limitations on the amount that may be awarded to a person who has a successful claim.