Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They can raise insurance costs for doctors as well as alter the practice of medicine.

In general, doctors have an obligation to their patients to adhere to accepted medical practices. This is known as the standard of care.

To successfully claim a doctor's malpractice, the patient must show each of these legal elements with a preponderance of the evidence: duty; breach of that duty; causation; and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the injured person was owed a duty to a doctor that was not met. Medical malpractice cases differ from other negligence cases because they typically involve a doctor-patient relationship, which can be established by things like doctor's records or telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

Doctors may be held accountable for the incompetence or negligence of their staff members, such as interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next element that a plaintiff must prove is that the defendant failed to adhere to the standard of care in the particular circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's refusal to follow these guidelines. The second element of malpractice is that the breach directly caused harm to the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's wrongful death. This is referred to as the proximate cause. If, for instance the negligent treatment claimed to be negligent could not have had an adverse effect on your health, irrespective of whether or not it was performed, you won't be able claim damages for any injuries or death, that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their duty of care towards clients can be held liable for negligence. To win a medical malpractice lawsuit the plaintiff must establish four elements: a duty of care existed, that the physician breached the duty and the breach caused injury, and finally caused damages. The standard of care is the most important aspect in a medical malpractice case, and it's determined by expert testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or similar circumstances.

A doctor is in violation of this obligation when he or her deviates from standard care while treating the patient. If a doctor breaks the arm of a patient he or she may fail to cast the arm correctly. A breach by a doctor can make the injured arm to heal incorrectly. This could result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts, but under certain conditions federal courts may take on these cases. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. Many states have a distinct system of state courts that handle these issues. However, they have different rules of court procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail to uphold the oath and cause injury the patient could be entitled to compensation for any damages. A medical malpractice lawsuit could occur when a physician decides to perform a procedure that has risks and the patient could have refused the procedure if fully aware of all potential consequences.

In a medical malpractice lawsuit the plaintiff must show that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care was the sole cause of any injury or illness suffered by the patient and the ailment would never be the case if it wasn't because of the negligence of the physician. The burden of proof, also known as "preponderance" of the evidence, is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pretrial discovery procedures. If the case settles or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is one reason why malpractice claims are expensive for both the plaintiff and the physician involved, and it is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Depending on the type of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses due to the negligence of the doctor which includes loss of income or the costs of future edgewater medical malpractice lawsuit care. Non-economic damages may include the compensation for physical and mental stress.

Medical malpractice claims 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 a doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.

Lawsuits claiming medical malpractice are largely adversarial in nature and involve significant legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged coon rapids medical Malpractice lawsuit negligence might also have to deal with the stress of an open jury trial and could risk being rejected by a judge, or dismissed by a jury.

You must prove that medical negligence, or mistake caused the injury you suffered to win a case for medical negligence. The damage must be serious enough that a financial settlement will substantially compensate for your financial losses as well as emotional stress. In addition, New York medical malpractice laws provide for damages caps and other limitations on the amount that may be awarded to a person who has a successful claim.