Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They can increase insurance costs and can alter the medical malpractice law firm practice.

In general doctors owe their patients the obligation to adhere to the accepted medical practice without any deviation or the slightest omission. This is referred to as the standard of care.

To sue a physician over negligence, the patient must demonstrate the following elements with a preponderance: duty, breach of duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the injured party was owed a duty by the doctor that was not met. Contrary to other types of negligence cases, medical malpractice claims often require an established relationship between the doctor and patient. This can be established through things like a doctor's records and telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.

However, doctors could also be liable for the negligence of their staff members, like assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel who are under their supervision.

The plaintiff has to demonstrate that the defendant's actions didn't meet the standard care under the circumstances. This is a fact that can be demonstrated through expert testimony on acceptable medical practices and the defendant's inability 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 will need to prove that the breach of duty by the defendant directly caused your injury or death of your loved one. This is referred to as the proximate cause. If, for instance the negligent treatment you claim to have received would not have had a negative effect on your health, regardless of whether or not it was done in a way that was harmful, you will not be able to get compensation for any injuries, or even wrongful death that was believed to be caused by the doctor's conduct.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligent behavior. To prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of professional care was breached and the doctor breached this duty; the breach caused injury; and the result was a cause of damages. The first element of a medical malpractice claim revolves around the standard of care, which is determined by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar or similar circumstances.

A physician breaches this duty when he or she deviates from the normal care of the patient. If a physician breaks the arm of a patient, the doctor may fail to cast the patient correctly. A doctor's error can cause the broken arm to heal improperly. This could result in a partial or complete loss of use and financial damages.

Medical malpractice cases are filed in state trial courts, although under certain conditions federal courts may hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have a special system of state courts that deal with these issues. They do however, follow different rules of court procedures than federal district courts.

Causation

Doctors swear to not cause harm, and should they violate the oath and cause injury, the patient may be entitled to compensation for damages. A medical malpractice claim may occur when a doctor chooses to perform a treatment that has risks and the patient could have refused the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to comply with accepted standards of practice, that this negligence was the direct cause of the injury or illness that the patient was suffering from and that the injury would not have occurred but because of the negligence of a physician. This burden of proof is also known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, attorneys on both sides invest an enormous amount of time and effort preparing for the issue. This is why malpractice claims can be costly for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the kind of medical malpractice. Compensation damages are awarded to patients for monetary losses and expenses caused by the physician's negligence, such as loss of income or the cost of future medical care. Non-economic damages can include the compensation for physical and mental anguish.

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

Lawsuits alleging medical malpractice are usually adversarial and require an extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical malpractice could also be subject to the pressure of the jury trial, and possibly face the threat of having their claim dismissed by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must show 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 trauma. Additionally, New York medical malpractice laws have specific damages caps and other limitations on the amount that could be awarded to a patient who has a successful claim.