Four Elements of a Medical Malpractice Case
Malpractice lawsuits pose a real and significant threat to doctors. They can increase the cost of insurance for physicians and change the way they practice medicine.
In general, doctors have the obligation to their patients to adhere to accepted medical practices. This is known as the standard of care.
To successfully bring a lawsuit against a doctor who has committed negligence, the patient must show each of these legal elements using a preponderance of the evidence: breach of duty; breach of that duty, causation, and damages.
Duty of Care
The primary element of a medical malpractice claim is that the victim was bound by a duty of the doctor that was violated. In contrast to other types of negligence cases medical malpractice claims usually require a relationship between doctor and patient. This can be established by means like medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.
Doctors may also be held responsible for the incompetence or negligence of their staff, including assistants and interns. They could also be held responsible for the actions of emergency personnel working under their supervision.
The next element that a plaintiff must prove is that the defendant did not meet the standard of care under the circumstances. This element is only proven through expert testimony about acceptable medical practices, and the defendant's failure comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove that you have committed a crime, your lawyer will need to show that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This concept is known as causal proximate. For
lawyers instance, if an negligence alleged by the defendant wouldn't have had a negative effect on your health, regardless of whether it was done or not, you won't be able to recover damages for any injuries or wrongful deaths that were allegedly caused by the physician's conduct.
Breach of Duty
A doctor who fails to fulfill their duty of care to the client may be held accountable for negligence. In order to win a
medical malpractice lawsuit, the injured person must prove four legal aspects that a duty of care or professional care was in place and the doctor breached this duty; the breach caused injury; and the injury was a cause of damages. The first element of a medical malpractice claim centers around the standard of care which is determined through experts' testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or similar circumstances.
The physician's breach of this obligation occurs when he violates the standard of care in giving treatment to the patient. If a physician breaks the arm of a patient, the doctor may fail to cast it correctly. The doctor's breach of this duty causes the injured arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent monetary damages.
In the majority of instances, medical malpractice claims are filed with state trial courts. However in certain circumstances federal courts may also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have special state courts that deal with these cases, though they follow different court procedures than federal district courts.
Causation
Physicians take an oath to protect their patients and when they fail to fulfill this duty and cause harm patients may be legally entitled to compensation for their losses. A medical malpractice claim can also arise when the physician performs a procedure that is associated with known risks and the patient would not have consented to the procedure if they had been fully informed.
The plaintiff in a medical malpractice case must prove that the doctor failed to follow accepted standards of practice, that this negligence was a direct cause of the injury or illness the patient was suffering from, and that the injury could not have occurred if it weren't due to the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.
Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. If the case is settled or goes to trial, the
lawyers on both sides have to spend substantial time and resources in preparation for the case. This is why malpractice claims can be expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health care organizations support efforts to reform the tort laws in the United States.
Damages
Depending on the type of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for financial losses and expenses caused by the negligence of a physician like loss of income or the expense of future medical treatment. Non-economic damages include compensation for mental and physical anguish.
Medical malpractice lawsuits are filed in state trial courts. However, there are instances where a lawsuit could be filed in federal court. This is usually the situation when a doctor is employed by a federally-funded medical clinic, like the Veteran's administration or if the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of medical malpractice might also have to deal with the pressure of a jury trial and may risk being rejected by a judge or dismissed by a jury.
You must demonstrate that medical negligence or error was the cause of the injury you suffered to win a case for
medical malpractice law firms negligence. The injury must be severe enough that a monetary award will significantly compensate for your financial losses as well as emotional distress. Furthermore, New York medical malpractice laws have specific damages caps and other limitations on the amount that can be awarded to a patient who successfully makes a claim.