Four Elements of a Medical Malpractice Case
Malpractice lawsuits pose a real and feared threat for physicians. They can increase insurance costs for doctors and also alter the practice of medicine.
In general, doctors have obligations to their patients to follow accepted medical practices. This is referred to as the standard of care.
To successfully sue a doctor for negligence, the patient must be able to prove each of the following legal elements by the preponderance of evidence: duty; breach of duty; causation; damages.
Duty of Care
The most important element of a medical malpractice claim is that the victim was legally obligated by the doctor that was violated. As opposed to other types cases medical malpractice claims typically require the existence of an established relationship between the doctor and patient. This can be established through things like a doctor's records and telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.
Doctors could also be held responsible for the incompetence or negligence of their staff, for example, assistants or interns. They can also be held accountable for the actions of emergency personnel 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 is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these guidelines. The second aspect is that the breach directly harmed the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as the proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health irrespective whether it was executed or not, you won't be able to win damages for any injuries or wrongful deaths that were believed to have been caused by the conduct of the physician.
Breach of Duty
A doctor who fails fulfill his or her duty of professional care to a patient can be held accountable for negligent behavior. To win a medical negligence lawsuit the person who suffered must prove four elements: that there was a duty to care and that the doctor breached the obligation and the breach caused injury, and finally caused damages. The first element of a medical malpractice claim centers around the standard of care which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.
The breach of this duty occurs when he or she violates the standard of care when providing treatment to the patient. For instance, when a physician breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken arm to heal improperly, resulting in partial or full loss of use, and further financial damages.
Medical malpractice cases are filed in state trial courts. However, under certain circumstances, federal courts may also be able to hear these cases. The 94 federal district courts across the United States each have a jury panel with a judge who hears these cases. A majority of states have state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.
Causation
A patient may be entitled compensation for the damages caused if doctors fail to fulfill their obligation to prevent harm. A
medical malpractice Law firm malpractice claim may also arise when a doctor opts to carry out a procedure that is associated with risks and the patient could have refused the procedure if they had been fully informed of all possible consequences.
The plaintiff in a medical malpractice case must prove that the doctor failed to adhere to accepted guidelines for practice, and that the failure was the direct cause of the illness or injury the patient was suffering from and that the ailment could not have occurred except due to the negligence of the doctor. This burden of proof is known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.
The lawsuits that allege
medical malpractice lawsuit malpractice usually include expert witnesses and lengthy pretrial discovery procedures. If the case is settled or goes to trial, the attorneys on both sides invest considerable time and resources in preparing for the case. This is a major reason that malpractice claims are costly to both the plaintiff and the doctor affected, and is one of the main reasons that doctors and health care groups are a part of efforts to reform tort law in the United States.
Damages
Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the patient for the financial losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages are compensation for physical pain as well as mental stress.
Medical malpractice lawsuits are filed in state trial courts. There are instances when the lawsuit may be filed in federal courts. This is usually the situation when doctors are employed by a federally-funded medical clinic such as the Veterans Administration or in the case of a doctor who is from another country but practices in the United States as part of a treaty with extraterritorial authority.
Lawsuits claiming medical malpractice are generally adversarial and involve an extensive legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice could also be subject to the pressure of a jury trial and potentially risk being rejected by a judge or dismissed by a jury.
To win a medical malpractice claim, you must show that the
medical malpractice law firms error or negligence caused your injury. The injury must be serious enough to warrant a monetary award that would cover your financial losses as well as emotional distress. In addition, New York medical malpractice laws provide for damage caps,
medical malpractice law Firm as well as other limitations on the amount that may be awarded to a patient who is successful in filing a claim.