Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase insurance costs for doctors and alter the practice of medicine.

In general, doctors have obligations to their patients to adhere to accepted medical practices. This is known as the standard of care.

To sue a doctor over malpractice, a patient must establish the following elements using a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the injured party was obliged to perform a duty by the doctor that was breached. As opposed to other types cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which can be established through things like medical records and phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors can also be held accountable for the actions of their staff members, such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel who are working under their supervision.

The next element that a plaintiff has to prove is that the defendant failed to meet the standard of care in the circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these guidelines. The second factor is that the breach directly hurts the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant's breach of duty directly caused your injury or the death of your loved one. This is known as proximate causes. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse effect on your health, regardless whether it was performed or not, you won't be able claim damages for any injuries or deaths that were believed to have been caused by the conduct of the physician.

Breach of Duty

A doctor who does not fulfill their duty of care to the client could be held accountable for their negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects that a duty of professional care was in place and the doctor breached this obligation; the breach led to injury; and the result was a cause of damages. The first part of a medical malpractice claim centers around the standard of care, which is determined by experts' testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or identical circumstances.

A physician breaches this duty in the event that he or she departs from the normal care of the patient. For instance, when a physician breaks a patient's arm the doctor is not able to properly set the arm or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken arm to heal incorrectly, resulting in partial or full loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts. However, in certain circumstances federal courts may take on these cases. 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 a system of special state courts that deal with these matters, albeit with different court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and when they fail to fulfill that duty and cause injury patients may be entitled to compensation for the damages. A medical malpractice claim may be brought up when a doctor decides to perform a procedure which has known risks and the patient would not have opted out of the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the medical professional failed to comply with accepted standards of practice, that this failure was the primary cause of the illness or injury the patient suffered, and that the injury would not have happened but for the physician's negligence. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. If the case is settled or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the matter. This is the primary reason why malpractice claims are expensive for both the plaintiff and the physician affected, and is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the kind of medical negligence. Compensation damages compensate the victim for the financial loss or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages are the compensation for physical pain and mental stress.

Medical malpractice claims are generally filed in a state court of trial. There are certain situations in which the lawsuit may be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded medical clinic, like the Veteran's administration or in the case of a doctor who is from another country, but is working in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and involve extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice could also be subject to the pressure of a jury trial and may be at risk of having their claim dismissed by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must show that the medical error or negligence caused your injury. The injury must be significant enough that a financial award is sufficient to cover your financial losses and emotional stress. In addition, New York medical malpractice laws have damage caps as well as other limits on the amount that can be awarded to a person who has a successful claim.