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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They drive up physician insurance costs and can affect the way doctors practice.

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

To sue a doctor over malpractice, a patient has to demonstrate the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element of a medical malpractice case is that the party who suffered was obliged to perform a duty by the doctor who was not fulfilled. Medical malpractice cases differ from other negligence cases in that they often involve a physician-patient relationship, which can be established through things like doctor's records or phone consultations. In general, doctors who treat patients must follow 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, including assistants and interns. They may also be held responsible for the actions of emergency personnel under their supervision.

The next thing the plaintiff must prove is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these standards. The second element is that the breach directly affected the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's failure to perform his duty and your injuries or loved one's wrongful death. This is referred to as proximate cause. If, for instance, the alleged negligent act did not have an adverse impact on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries, or even wrongful death that was believed to be caused by the doctor's actions.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects: a duty of professional care was in place and the doctor breached this obligation; the breach led to injury; and the injury resulted in damages. The first element of a medical malpractice lawsuit is the standard of care, which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do under similar or identical circumstances.

A physician is in breach of this duty when he or she strays from the standard of care when treating the patient. For example, if the doctor breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This could result in either a complete or partial loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations, federal courts can also be able to hear these cases. The 94 federal district courts across the United States each have a jury panel and judge that hears these cases. Many states have a distinct system of state courts that deal with the issues. However, they follow different rules for court procedures than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by doctors fail to fulfill their obligation to not cause harm. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that has risks and the patient would have opted to not undergo the procedure if fully informed of all possible consequences.

In a lawsuit for medical malpractice the plaintiff must demonstrate that the doctor did not act in accordance with accepted standards of practice. This failure must have been the main cause of any illness or injury suffered by the patient, and the ailment would never be the case if it wasn't because of the doctor's negligence. This burden of proof is known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery processes. Both sides spend a lot of time and resources in the preparation of a case, whether it's settled or if it goes to court. This is the primary reason that malpractice claims are expensive for both the patient and the doctor involved. It is one of the main reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the nature of medical negligence. Compensation damages compensate victims for financial losses and costs caused by the physician's negligence, such as loss of income or cost of future medical treatments. Non-economic damages may include the compensation for physical and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. It is usually the case when doctors are employed by a federally-funded clinic, like the Veteran's administration or if the doctor is from other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of medical malpractice could also be subject to the pressure of a jury trial and potentially risk being rejected by a judge or dismissed by the jury.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough to warrant a financial payment that will compensate you for your financial losses as well as emotional trauma. Furthermore, New York medical malpractice laws have certain damage caps as well as other limits on the amount that could be awarded to a person who has a successful claim.