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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They drive up physician insurance costs and can alter medical practice.

In general doctors owe their patients the obligation to adhere to accepted medical practices without any deviation or infraction. This is known as the standard of care.

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

Duty of Care

The first aspect of a medical malpractice claim is that the victim was obliged to perform a duty by the doctor who was not fulfilled. In contrast to other types of negligence cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which could be established through documents such as doctor's medical records and telephone consultations. In general, physicians who treat patients must adhere to the accepted guidelines in their field and practice.

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

The next thing a plaintiff needs to establish is that the defendant did not satisfy the standard of medical care in the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's refusal to comply with these standards. The other element is that the breach directly affected the patient. To prove this, your lawyer must show that there is a direct link and causal relationship between the defendant's dereliction of duty and your injury, or your loved one's wrongful death. This is called proximate cause. If, for instance the alleged negligent treatment did not have an adverse effect on your health, regardless of whether or not it was performed by a physician, you will not be able claim damages for any injuries, or wrongful death that was believed to be cause by the physician's behavior.

Breach of Duty

A physician who fails to meet their duty of care to the client could be held accountable for negligence. To prevail in a medical malpractice claim, the patient must prove four legal aspects which include: a duty to provide professional care was in place; the physician breached this duty; the breach caused injury; and the result caused damages. The primary element of a medical malpractice claim is the standard of care that is determined by experts' testimony. The standard of care is what a "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's violation of this duty occurs when he violates the standard of care in rendering treatment to the patient. If a doctor fractures the arm of a patient, the doctor may fail to cast the arm correctly. The doctor's infraction of this duty causes the broken arm to heal improperly, which results in a complete or partial loss of use, and further financial damages.

Medical malpractice cases are brought in state trial courts, although under limited circumstances federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have state courts that specialize in these matters, albeit with different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for damages if medical professionals fail to perform their obligation to prevent harm. A medical malpractice claim may also arise when a doctor decides to perform a procedure that carries known risks, and the patient would not have opted out of the procedure if they had been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional failed to adhere to accepted guidelines for practice, and that the failure was the primary cause of the illness or injury the patient suffered, and that the injury would not have occurred but due to the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, attorneys on both sides invest significant time and resources preparing for the trial. This is the primary reason that malpractice claims are costly to both the plaintiff and the medical professional affected, and is one of the main reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Based on the nature of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for the financial losses and expenses due to the negligence of the doctor for example, loss of income or the cost of future medical care. Non-economic damages include compensation for physical pain and mental anguish.

Medical malpractice claims are generally filed in a state court of trial. However, there are situations in which a lawsuit may be filed in federal court. This is typically the case when a doctor is employed by a federally-funded medical 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 usually adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and potentially risk being denied their claim by a judge or rejected by a jury.

To win a medical malpractice claim, you must prove that the medical malpractice attorneys negligence or error caused your injury. The injury must be serious enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional trauma. In addition, New York medical malpractice laws have damage caps, as well as other limitations on the amount that can be awarded to a person who is successful in bringing a claim.