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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They can increase insurance costs and could alter the way doctors practice.

In general doctors owe patients the duty to uphold the medical standards that are accepted without any deviation or exclusion. This is referred to as the standard of care.

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

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a doctor's duty that was not met. Medical malpractice claims are different from other negligence claims in that they usually involve a physician-patient relationship, which can be established by things like doctor's records or telephone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

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

The next element that a plaintiff has to prove is that the defendant failed to meet the standard of care under the circumstances. This element can only be proven with expert testimony on acceptable medical practices and the defendant's failure comply with these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is referred to as proximate causation. For instance, if negligent treatment alleged to have caused the injury would not have had a negative impact on your health regardless whether it was performed or not, you won't be able to win damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet their duty of care towards a client can be held liable for negligence. In order to succeed in a medical negligence claim, the patient must prove four legal elements that a duty of professional care was owed and the physician violated this obligation; the breach led to injuries; and the damage led to damages. The primary element of a medical malpractice lawsuit is the standard of care which is determined by expert testimony. The standard of care is defined as what a "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this obligation occurs when he or she is not following the standard of care while giving treatment to the patient. If a doctor breaks the arm of a patient they might fail to cast the arm correctly. The doctor's infraction of this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of special state courts that deal with these cases, but with different rules for court procedure than federal district courts.

Causation

A patient could be entitled compensation for damages if a physician fails to fulfill their duty to do no harm. A medical malpractice lawsuit could occur when a doctor chooses to perform a treatment that has risks and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor failed to act in accordance with accepted standards of practice, that this negligence was the primary cause of the injury or illness the patient was suffering from and that the injury could not have occurred except for the physician's negligence. This burden of proof is referred to as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the matter. This is one reason why malpractice claims are so costly to both the plaintiff and the physician involved. It is one of the reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate the patient for the financial loss or costs resulting from the doctor's negligence. This includes the loss of income as well as future medical costs. Non-economic damages may include compensation for mental and physical suffering.

Medical malpractice lawsuits are typically filed in a state trial court. There are instances when lawsuits can be filed in federal courts. This is typically where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and involve extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Patients who are accused of medical malpractice could also be subject to the pressure of a jury trial and potentially face the threat of having their claim dismissed by a judge, or dismissed by the 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 has to be severe enough to warrant a financial award that would cover your financial losses and emotional stress. Furthermore, New York medical malpractice laws have damage caps, as well as other limitations on the amount which can be awarded to a person who has a successful claim.