Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose real threats. They drive up physician insurance costs and can affect the medical practice.

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

To successfully sue a doctor for negligence, the patient must demonstrate each of the following legal elements using a preponderance of evidence: duty; breach of that duty; causation; damages.

Duty of Care

The primary element in a medical malpractice law firm malpractice case is that the victim was owed a doctor's duty that was not met. Medical malpractice claims are different from other types of negligence cases in that they usually involve a physician-patient relationship that can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to accepted guidelines in their field and practice.

Doctors could be held accountable for the incompetence or negligence of their staff members, such as interns or assistants. In addition, they could be held accountable for the actions of emergency medical personnel who are under their supervision.

The plaintiff must then prove that the defendant's actions did not conform to the standard of care in the circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's failure to adhere to these standards. The other element is that the breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's dereliction of duty and your injury, or your loved one's wrongful death. This is known as proximate causes. For instance, if the negligent treatment alleged to have caused the injury would not have had an adverse effect on your health irrespective whether it was executed or not, you wouldn't be able to recover damages for any injuries or wrongful deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to fulfill their obligation of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical malpractice lawsuit the person who suffered must demonstrate four elements: that there was a duty to care, that the physician breached the duty and the breach resulted in injuries, and then the injury resulted in damages. The first aspect of a medical malpractice claim centers around the standard of care which is determined through expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar circumstances.

The breach of this obligation occurs when he/she does not adhere to the standard of care while rendering treatment to the patient. If a doctor breaks the arm of a patient they might fail to cast the patient correctly. A doctor's breach causes the broken arm heal incorrectly. This could lead to an incomplete or total loss of usage, and also financial damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances federal courts can also hear these claims. The 94 federal district courts across the United States each have a jury and judge panel that hears these cases. Many states have a distinct system of state courts that deal with these cases. However, they follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to avoid harm, and if they fail in their duty to uphold this obligation and cause injury, a patient may be entitled to compensation for any damages. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks, and the patient would not have consented to the procedure had they been fully informed.

In a case of medical malpractice the plaintiff must demonstrate that the doctor did not act in accordance with accepted standards of practice. The failure to follow the standard of care must have been the direct cause of any illness or injury suffered by the patient, and the injury could not have occurred but because of the negligence of the physician. The burden of proof, known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony as well as lengthy discovery procedures prior to trial. If the case is settled or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the case. This is why malpractice lawsuits are costly for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the monetary losses or costs resulting from the doctor's negligence. This includes income loss and future medical costs. Non-economic damages could include the payment of physical and mental anxiety.

Medical malpractice claims are filed in state trial courts. There are some situations where lawsuits can be filed in federal courts. This is typically the case when the doctor is employed by a clinic that is funded by federal funds such as the Veteran's Administration or when the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.

Legal actions involving medical malpractice are usually adversarial and require large amounts of legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice also may have to endure the stress of an open jury trial and could face the threat 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 medical error or negligence caused your injury. The injury must be severe enough that a cash award is sufficient to cover your financial losses as well as emotional distress. Furthermore, New York medical malpractice laws have damages caps and other limitations on the amount which can be awarded to a person who successfully makes a claim.