Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a serious and feared threat for physicians. They can raise insurance costs and may alter the medical practice.
In general doctors owe patients a duty to uphold accepted medical practices without deviation or exclusion. This is called the standard of care.
To sue a doctor over malpractice, a patient has to demonstrate the following elements with a majority: breach of duty, duty of duty, causation, and damages.
Duty of Care
The first element of a medical malpractice claim is that the person who was injured was legally obligated by the doctor that was violated. Unlike some types of negligence cases Medical malpractice claims typically require the relationship between a doctor and patient, which could be established through documents 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 liable for the incompetence or negligence of their staff, like assistants or interns. They could also be held accountable for the actions of emergency personnel working under their supervision.
The next element the plaintiff must prove is that the defendant did not meet the standards of care in the particular circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove malpractice your lawyer must to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This is known as proximate causes. For instance, if the negligent treatment claimed to be negligent was not able to have any negative impact on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to be awarded damages for any injuries, or wrongful death, that you believe was cause by the physician's behavior.
Breach of Duty
A doctor who fails to fulfill their obligation of care to the client may be held accountable for their negligence. In order to prevail in a medical malpractice case, the injured patient must prove four legal aspects that a duty of care or professional care was in place and the doctor violated this obligation; the breach led to injury, and the injury was a cause of damages. The standard of care is the most important aspect in a medical wrongful conduct case, and it's determined by an expert's testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.
A doctor is in violation of this obligation when he or she strays from the normal care of the patient. For instance, if a doctor breaks the arm of a patient the doctor is not able to properly set the arm or fails to cast the broken arm. A breach by a doctor can make the injured arm to heal incorrectly. This can result in a partial or complete loss of use and financial damages.
In most instances,
medical malpractice lawsuits are filed in state trial courts. However under certain circumstances, federal courts can also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have special state courts that deal with these matters, albeit with different rules of court procedure than federal district courts.
Causation
Physicians take an oath to protect their patients and should they violate that duty and cause injury, a patient may be legally entitled to compensation for their losses. Medical malpractice claims can also arise when a doctor decides to administer a procedure that carries known risks, and the patient could have refused the procedure had they been fully informed of all possible consequences.
The plaintiff in a medical negligence case must prove that the physician failed to act in accordance with accepted standards of practice, that the doctor's negligence was the primary cause of the injury or illness that the patient was suffering from and that the harm would not have occurred but because of 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 that is required to convict criminal defendants.
Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery processes. If the case settles or goes to trial, the attorneys from both sides spend substantial time and resources in preparation for the issue. This is one reason why malpractice claims are costly to both the plaintiff and the doctor involved, and is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.
Damages
Depending on the type of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the financial losses or expenses caused by the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages are the compensation for physical pain and mental distress.
Medical malpractice claims are filed in state trial courts. There are instances when a lawsuit can be filed in federal courts. This is typically the situation where a physician is employed by an institution that is funded by federal funds, such as the Veteran's Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. The victims of medical negligence might also have to go through a jury trial and are at risk of their claim being rejected by a judge or rejected by a juror.
You must prove that medical negligence or error was the cause of your injury to win a claim for medical malpractice. The harm must be serious enough that a cash award is sufficient to cover your financial losses and emotional stress. Furthermore, New York medical malpractice laws provide for damage caps and other limits on the amount that may be awarded to a person who has a successful claim.