Four Elements of a Medical Malpractice Case
Physicians fear malpractice lawsuits as a real threat. They can increase insurance costs for doctors as well as alter medical practice.
In general doctors owe their patients the obligation to adhere to accepted medical practices without any deviation or the slightest omission. This is referred to as the "standard of care.
To successfully sue a doctor for malpractice, the patient must demonstrate each of the following legal elements with a preponderance of evidence: breach of duty, breach of that obligation; causation; damages.
Duty of Care
The first element of a medical malpractice claim is that the victim was obliged to perform a duty by the doctor that was violated. As opposed to other types cases, medical malpractice claims often require the existence of a physician-patient relationship, which can be established by means like a doctor's records and phone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.
Doctors can also be held accountable for the negligence or incompetence of their staff members, for example, assistants or interns. They may also be held accountable for the actions of emergency personnel under their supervision.
The plaintiff must then establish that the defendant did not adhere to the standard of medical care in the circumstances. This element is only able to be proved through experts' testimony regarding acceptable medical practices, and the defendant's inability to follow these standards. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must establish a direct cause and effect between the defendant's failure to perform his duty and your injuries or loved one's death. This is known as proximate reason. For instance, if the alleged negligent act was not able to have any negative impact on your health, regardless of whether or not it was performed by a physician, you will not be able get compensation for any injuries, or even wrongful death, that you believe was caused by the doctor's actions.
Breach of Duty
A doctor who fails to perform their duty of professional care to a patient could be held accountable for negligence. To prevail in a medical malpractice claim, the patient must prove four legal aspects: a duty of professional care was breached and the doctor breached this obligation; the breach led to injury; and the result was a cause of damages. The primary element of a medical malpractice claim revolves around the standard of care that is determined by experts' testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or identical circumstances.
The physician's violation of this obligation occurs when he or she is not following the standard of care when providing treatment to the patient. If a physician breaks the arm of a patient, they may not be able to cast the right way. A breach by a doctor can make the broken arm to heal improperly. This could result in an incomplete or total loss of use, and monetary damages.
Medical malpractice cases are filed in state trial courts. However, in certain circumstances, federal courts may also hear these claims. 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 a system of specialized state courts that handle these cases, though they follow different rules of procedure than federal district courts.
Causation
A patient could be entitled compensation for any damages suffered by doctors fail to fulfill their obligation to not cause harm. A
medical malpractice claim may be brought up when a doctor opts to carry out a procedure that is associated with risks and the patient would have declined the procedure if they had been fully informed of the possible consequences.
The plaintiff in a medical malpractice case must show that the doctor did not act in accordance with accepted guidelines for practice, and that this failure was a direct cause for the injury or illness that the patient was suffering from and that the ailment would not have happened but because of the negligence of the doctor. This burden of proof is also known as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.
Lawsuits alleging
medical malpractice lawyers malpractice often include expert witnesses and lengthy pre-trial discovery hearings. Whether the case is settled or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the issue. This is a major reason that malpractice claims are costly to both the plaintiff and the physician involved. It is one of the main reasons that physicians and health care organizations are in favor of reforming tort law in the United States.
Damages
Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages compensate the victim for the financial loss or costs resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages include the compensation for physical pain and mental anxiety.
Medical malpractice lawsuits are typically filed in a state court of trial. However, there are certain situations where a suit could be filed in federal court. This is typically the case where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or where the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.
Lawsuits alleging medical malpractice are largely adversarial in nature and involve large amounts of legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of a jury trial and potentially face the threat of being denied their claim by a judge or dismissed by a jury.
To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a monetary award will significantly compensate for your financial losses and emotional pain. Furthermore, New York medical malpractice laws provide for damages caps and other limitations on the amount that can be awarded to a person who has a successful claim.