Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can increase insurance costs and may alter medical practice.

In general doctors owe patients the duty to uphold the accepted medical practices, without deviation or the slightest omission. This is referred to as the standard of care.

To successfully to sue a doctor for malpractice, an aggrieved patient must be able to prove each of the following legal elements using a preponderance of the evidence: breach of that duty, causation, and damages.

Duty of Care

The primary element of a medical malpractice case is that the person who was injured was obliged to perform a duty by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor Medical Malpractice Law Firm and patient. This could be established through documents such as doctor's medical records and telephone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and practice.

Doctors could also be held accountable for the negligence or incompetence of their staff, including assistants and interns. Furthermore, they can be held accountable for the actions of emergency medical personnel under their supervision.

The plaintiff has to demonstrate that the defendant did not meet the standard care under the circumstances. This is only proven through expert testimony on acceptable piedmont medical malpractice lawyer practices and the defendant's reluctance to follow these standards. The second factor is that the breach directly injured the patient. To prove malpractice, your lawyer will need to prove that the breach of duty by the defendant directly caused your injury or the death of a loved one. This is referred to as causal proximate. For example, if the alleged negligent treatment wouldn't have had an adverse impact on your health, regardless whether it was performed or not, you won't be able claim damages for any injuries or wrongful deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient may be held accountable for negligence. In order to win a medical malpractice suit, the injured party must demonstrate four elements: that there was a duty of care and that the doctor breached the duty and the breach resulted in injuries, and then the injury caused damages. The first part of a medical malpractice claim is the standard of care that is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's breach of this obligation occurs when he or she is not following the standard of care in rendering treatment to the patient. For instance, when a physician breaks a patient's arm, the doctor does not correctly set it or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal incorrectly, resulting in a complete or partial loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, however under certain circumstances federal courts may hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a system of state courts that are specialized to handle these matters, albeit with different rules for court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if medical professionals fail to perform their duty to do no harm. A medical malpractice claim may occur when a doctor chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure if they had been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the medical professional failed to follow accepted standards of practice, that the doctor's negligence was a direct cause for the injury or illness that the patient was suffering from and that the harm would not have happened but because of the negligence of a physician. This burden of proof, known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. Both sides invest a significant amount of time and money preparing for a case, whether it is settled or if it is a court case. This is one of the main reasons why malpractice claims can be so expensive for both the plaintiff and the physician involved, and it is one of the main reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the monetary losses or expenses caused by the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages include the compensation for physical pain and mental anguish.

Medical malpractice lawsuits are filed in state trial courts. There are certain situations in which the lawsuit may be filed in federal courts. This is typically the case when the doctor is employed by a federally-funded clinic such as the Veterans Administration or in the case of a doctor who is from another country but is practicing in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and involve extensive legal discovery. This includes depositions, written interrogatories and medical malpractice Law firm requests for the production of documents. The victims of medical malpractice also may have to endure the stress of an open jury trial and could face the threat of being denied their claim by a judge or rejected by the jury.

To win a medical malpractice Law Firm malpractice claim, you must show that the error or negligence of a medical malpractice law firm professional caused your injury. The damage must be serious enough that a monetary award would substantially make up for your financial losses and emotional distress. Furthermore, New York medical malpractice laws provide for damage caps and other limits on the amount that may be awarded to a patient who is successful in filing a claim.