Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They could increase the cost of insurance for doctors and also alter the practice of medicine.

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

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must be able to prove each of the following legal elements with the preponderance evidence: duty; breach of that obligation; causation; damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was not met. In contrast to other types of negligence cases medical malpractice claims usually involve the existence of a physician-patient relationship, which can be established by means such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors may also be held liable for the negligence or incompetence of their staff members, such as interns or assistants. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The next element a plaintiff needs to establish is that the defendant failed to meet the standards of care under the circumstances. This element is only proven through expert testimony regarding acceptable medical practices and the defendant's reluctance to comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's breach of duty and your injury, or your loved one's death. This is known as proximate causes. For instance, if the alleged negligent treatment wouldn't have had a negative effect on your health irrespective whether it was executed or not, you won't be able claim damages for any injuries or wrongful deaths that were allegedly caused by the doctor's actions.

Breach of Duty

A physician who fails to meet their obligation of care to a client can be held responsible for negligence. In order to win a medical malpractice suit the person who suffered must establish four elements: there was a duty to care and that the doctor breached the obligation and that the breach caused injury, and finally caused damage. The primary element of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would perform in the same or similar circumstances.

The physician's breach of this obligation occurs when he deviates from the standard of care while providing treatment to the patient. If a physician breaks the arm of a patient the doctor may fail to cast the patient correctly. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are brought in state trial courts. However, under limited circumstances federal courts may hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that hears these cases. Most states have a specialized system of state courts that handle these cases. However, they have different rules for court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail in their duty to uphold that duty and cause injury, a patient may be entitled to compensation for damages. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that is associated with risks and the patient would not have opted out of the procedure if fully informed of all possible consequences.

In a lawsuit for medical malpractice the plaintiff must show that the doctor's actions were not in accordance to accepted standards of practice. This negligence was the sole cause of any injury or illness suffered by the patient, and the injury would not occur if it weren't because of the doctor's negligence. This burden of proof, known as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and money preparing for a case, whether it settles or if it goes to court. This is a major reason why malpractice claims can be so expensive for both the plaintiff and the sugarcreek medical malpractice lawyer professional involved. It is one of the 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 can recover compensatory and punitive damages. Compensation damages compensate the victim for the monetary losses or costs resulting from the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages are compensation for physical pain as well as mental anxiety.

Medical malpractice claims are filed in state trial courts. There are some situations where an action can be filed in federal courts. This is typically the case where a doctor works at a federally-funded clinic such as the Veteran's Administration, or if the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. The victims of medical negligence might also have to stand trial before a jury, and face the possibility of having their claim rejected by a judge or dismissed by a jury.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a monetary award that would cover your financial losses as well as emotional stress. New York farmington medical malpractice attorney malpractice law also has specific damage caps, and other restrictions on the amount a patient can receive if they successfully make an appeal.