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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They increase insurance costs and could alter the practice of medicine.

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

To successfully to sue a doctor for negligence, the patient must be able to prove each of the following legal elements by the preponderance evidence: breach of duty, breach of obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice attorneys malpractice case is that the injured person was owed a duty by a doctor that was not met. Medical malpractice claims are different from other negligence cases in that they typically involve a patient-physician relationship, which can be established through documents from a doctor or telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors could also be held accountable for the negligence of their staff members, including assistants or interns. They can also be held responsible for the actions of emergency personnel under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standards of care in the specific circumstances. This element can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's refusal to comply with these guidelines. The other element is that the breach directly affected the patient. To prove that you have committed a crime your lawyer needs to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This is called proximate cause. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health regardless whether it was performed or not, you won't be able to claim damages for any injuries or deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient can be held accountable for negligent behavior. In order to prevail in a medical malpractice case, the victim must prove four legal aspects that a duty of care or professional care was in place and the doctor violated this obligation; the breach led to injury; and the injury led to damages. The primary element of a medical malpractice lawsuit centers around the standard of care, which is determined by experts' testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's breach of this obligation occurs when he is not following the standard of care while giving treatment to the patient. For example, if the doctor breaks a patient's arm the doctor fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This could lead to the loss of use, either in whole or in part of use and financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances federal courts can 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. A majority of states have a system of state courts that handle these cases. However, they are subject to different rules of court procedures than federal district courts.

Causation

A patient could be entitled to compensation for damages if the doctor fails to meet their obligation to prevent harm. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that carries known risks, and the patient would have declined the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor did not follow accepted guidelines for practice, and that the failure was a direct cause for the injury or illness that 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 stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, the attorneys on both sides spend significant time and resources preparing for the matter. This is why malpractice cases can be expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Depending on the kind of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages compensate the victim for the financial loss or expenses resulting from the doctor's negligence. This includes the loss of income as well as future medical costs. Non-economic damages include compensation for physical pain and mental anxiety.

Medical malpractice lawsuits are usually filed in a state court of trial. There are certain situations in which the lawsuit may be filed in federal courts. This is typically the case where a physician is employed by 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 usually adversarial and require significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of alleged medical negligence may also be required to stand trial before a jury, and face the possibility that their claim will be rejected by a judge or rejected by a juror.

You must prove that medical negligence, or mistake caused the injury you suffered to win a case for medical malpractice attorneys negligence. The injury must be significant enough that a cash award is sufficient to cover your financial losses and emotional distress. Additionally, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a patient who successfully makes a claim.