Four Elements of a Medical Malpractice Case

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

In general, doctors are under obligations to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

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

Duty of Care

The most important element in a medical malpractice case is that the injured person was owed a duty by a doctor which was not fulfilled. Medical malpractice cases differ from other types of negligence cases in that they typically involve a patient-physician relationship that can be established by documents from a doctor or phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors may also be held responsible for the incompetence or negligence of their staff members, including assistants and interns. They can also be held responsible for the actions of emergency personnel who are under their supervision.

The next element a plaintiff needs to establish is that the defendant did not satisfy the standard of moody medical malpractice lawyer care in the circumstances. This element can only be proven with expert testimony regarding acceptable medical practices, and the defendant's failure adhere to these guidelines. The second element of malpractice is that this breach directly caused injury to the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or death of your loved one. This is known as proximate causes. For instance, if negligence alleged by the defendant wouldn't have had an adverse impact on your health, regardless of whether it was performed or not, then you wouldn't be able to claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. To succeed in a ripley Medical malpractice Law firm negligence claim, the patient must prove four legal aspects that a duty of care or professional care was owed; the physician breached this duty; the breach caused injury; and the result resulted in damages. The first aspect of a medical malpractice claim is the standard of care which 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 violation of this obligation occurs when he/she does not adhere to the standard of care while rendering treatment to the patient. If a physician breaks the arm of a patient he or she may fail to cast the arm correctly. A breach by a doctor can make the broken arm to heal in a wrong way. This can result in the loss of use, either in whole or in part of use and financial damages.

Medical malpractice cases are brought in state trial courts. However, under certain circumstances federal courts are also able to hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that decides on these cases. A majority of states have a system of state courts that specialize in the cases, although they have different rules for court procedure than federal district courts.

Causation

Doctors swear to not cause harm, and if they fail to uphold this duty and cause harm, a patient may be entitled to compensation for any damages. A medical malpractice claim may occur when a physician opts to carry out a procedure which has known risks and the patient would have declined the procedure if fully aware of all potential consequences.

In a medical malpractice case, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This negligence must have been the primary cause of any illness or injury that the patient suffered, and the ailment would never have occurred but for the physician’s negligence. This burden of proof, also known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Legal actions claiming medical malpractice typically include expert witnesses and lengthy pretrial discovery proceedings. If the case is settled or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the trial. This is the primary reason why malpractice claims are so expensive for both the plaintiff and the medical professional affected, and is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical negligence. Compensation damages are awarded to compensate the patient for the financial loss or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages could include compensation for mental and physical stress.

Medical malpractice lawsuits are typically filed in a state court of trial. However, there are certain situations in which a lawsuit may be filed in federal court. This is typically the case when the doctor is employed by a federally funded clinic, like the Veteran's administration or when the doctor is a resident of other country, but practices in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice could also be subject to the stress of a jury trial and potentially be in danger of having their claim dismissed by a judge or dismissed by the jury.

To be successful in a medical malpractice claim, you must show that the medical error or negligence caused your injury. The harm must be serious enough that a monetary award will significantly compensate for your financial losses and emotional stress. New York medical malpractice law also includes certain damages caps and restrictions on the amount a patient can receive after proving claims.