Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a serious and significant threat to doctors. They increase insurance costs and can alter medical practice.
In general doctors owe their patients the obligation to follow the medical standards that are accepted without deviation or exclusion. This is referred to as the "standard of care.
To sue a physician for malpractice, a patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation, and damages.
Duty of Care
The primary element of a medical malpractice claim is that the person who was injured was bound by a duty of the doctor that was not met. Medical malpractice claims are different from other negligence claims in that they typically involve a patient-physician relationship, which is established by documents from a doctor or telephone consultations. In general, doctors who treat their patients must adhere to accepted standards of their profession and practice.
Doctors could also be held liable for the incompetence or negligence of their staff, like assistants or interns. They could also be held responsible for the actions of emergency personnel under their supervision.
The plaintiff has to demonstrate that the defendant's actions did not adhere to the standard of medical care in the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's refusal to follow these guidelines. The second factor is that the breach directly hurts the patient. To prove that you have committed a crime your lawyer must to show that the breach of duty by the defendant directly caused your injury or the death of your loved one. This is referred to as causal proximate. For instance, if an negligence alleged by the defendant wouldn't have had an adverse effect on your health irrespective whether it was performed or not, you won't be able claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.
Breach of Duty
A physician who fails in their obligation of care to the client could be held accountable for negligence. In order to be successful in a medical malpractice case, the injured patient must prove four legal elements that a duty of professional care was breached; the physician breached this duty; the breach caused injuries; and the damage caused damages. The first part of a medical malpractice claim centers around the standard of care that is determined by experts' testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in the same or similar circumstances.
The physician's violation of this obligation occurs when he or she does not adhere to the standard of care in providing treatment to the patient. For example, if the doctor breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of usage, and also financial damages.
In most cases, medical malpractice claims are filed with state trial courts. However in certain situations federal courts are also able to 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. The majority of states have a system of state courts that specialize in these cases, but with different rules of court procedure than federal district courts.
Causation
Doctors swear to avoid harm, and if they fail to uphold this duty and cause harm patients may be entitled to compensation for damages. A medical malpractice lawsuit could occur when a doctor decides to perform a procedure that carries known risks, and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.
The plaintiff in a
medical malpractice law firm malpractice lawsuit must prove that the doctor did not act in accordance with accepted standards of practice, that this failure was the primary cause of the injury or illness the patient was suffering from, and that the injury would not have happened but because of the negligence of the doctor. This burden of proof, known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.
Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Whether the case is settled or goes to trial, the attorneys on both sides invest an enormous amount of time and effort preparing for the matter. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health care groups support efforts to reform the tort laws in the United States.
Damages
Victims can receive punitive or compensatory damages depending on the type of medical malpractice. Compensatory damages pay for the financial losses and expenses caused by the negligence of a physician for example, loss of income or cost of future medical care. Non-economic damages are compensation for physical pain and mental anxiety.
Medical malpractice claims are usually filed in a state court of trial. There are certain situations in which lawsuits can be filed in federal courts. This is typically the situation where a physician is employed by a federally-funded clinic like the Veteran's Administration, or if the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Legal actions involving medical malpractice are usually adversarial and involve extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of alleged medical negligence may also have to stand trial before a jury and may be in danger of their claim being denied by a court or dismissed by a jury.
You must establish that medical negligence or mistake caused your injury to win an action for medical malpractice. The harm must be serious enough that a cash award is sufficient to cover your financial losses and emotional stress. New York
medical malpractice lawyers malpractice law also has certain damages caps and limits on the amount an individual patient could be awarded should they be successful in filing a claim.