Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They drive up physician insurance costs and can alter the practice of medicine.

In general doctors owe patients the obligation to adhere to the accepted medical practices, without deviation or omission. This is known as the standard of care.

To sue a physician over malpractice, a patient has to be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The first aspect 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 typically require the existence of the relationship between a doctor and patient, which could be established through documents like anchorage medical malpractice law firm records and telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

Doctors can also be held liable for the incompetence or negligence of their staff, for example, assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel who are working under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standard of care in the circumstances. This element can only be proven by expert testimony about acceptable medical practices and the defendant's refusal to follow these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must establish that there is a direct link and causal relationship between the defendant's breach of duty and your injury, or your loved one's death. This concept is known as the proximate cause. For instance, if the alleged negligent act would not have had a negative effect on your health, regardless of whether or not it was done by a physician, you will not be able claim damages for any injuries or death that was allegedly caused by the doctor's actions.

Breach of Duty

Physicians who fail to meet his or her obligation of professional care to a patient can be held accountable for negligence. In order to win a medical malpractice case the plaintiff must establish four elements: there was a duty of medical care and that the doctor breached the obligation and the breach resulted in injury and finally the injury resulted in damages. The standard of care is the main component in a medical negligence case, and is established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in similar circumstances.

The physician's breach of this obligation is when he or she is not following the standard of care when providing treatment to the patient. For instance, if the doctor breaks a patient's arm, the doctor does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm to heal in a wrong way. This can result in either a complete or partial loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts, but under certain circumstances federal courts are also able to be able to hear 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. Most states have specialized state courts that handle the cases, although they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for damages if a physician fails to fulfill their obligation to prevent harm. Medical malpractice claims could also arise if the doctor administers a procedure with known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a medical malpractice case, the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the direct cause of any illness or injury sustained by the patient and the injury would not be the case if it wasn't for the physician’s negligence. This burden of proof is also known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. If the case settles or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the trial. This is a major reason that malpractice claims are expensive for both the plaintiff and the physician involved, and it is one of the reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for monetary losses and expenses caused by the negligence of a physician which includes loss of income or expense of future medical treatment. Non-economic damages are the payment of physical pain and mental distress.

Medical malpractice claims are filed in state trial courts. However, there are certain situations where a lawsuit can be filed in federal court. This is typically the case where a physician is employed by a federally funded facility such as the Veteran's Administration, or where the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and involve significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice might also have to deal with the stress of a jury trial and potentially be in danger of being rejected by a judge or rejected by a jury.

You must prove that medical negligence or mistake caused your injury in order to be awarded a lawsuit for medical malpractice. The injury must be severe enough to warrant a financial award that would cover your financial losses as well as emotional stress. Furthermore, New York greenwood medical Malpractice Lawsuit malpractice laws have specific damages caps and other limitations on the amount that could be awarded to a person who has a successful claim.