Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and serious threat to doctors. They can increase insurance costs and could alter the practice of medicine.
In general doctors owe patients the obligation to follow the accepted medical practice without any deviation or exclusion. This is known as the standard of care.
To sue a doctor over malpractice, the patient must prove the following elements with a preponderance: duty, breach of duty, causation, and damages.
Duty of Care
The first element of a claim for medical malpractice is that the victim was obliged to perform a duty by the doctor who was not fulfilled. Medical malpractice cases differ from other negligence claims in that they typically involve a doctor-patient relationship that can be established by things like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.
Doctors could be held accountable for the incompetence or negligence of their staff, including assistants and interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.
The next thing the plaintiff must prove is that the defendant did not adhere to the standard of care in the circumstances. This element is only able to be proved through expert testimony on acceptable medical practices and the defendant's reluctance to comply with these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove malpractice, your lawyer will need 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 proximate causation. For instance, if the negligent treatment you claim to have received could not have had any negative impact on your health, regardless of whether or not it was done, you won't be able win damages for any injuries, or wrongful death that was allegedly caused by the doctor's conduct.
Breach of Duty
A doctor who fails to fulfill their duty of care to the client may be held liable for negligence. To win a medical malpractice suit the person who suffered must establish four elements: there was a duty to care and the doctor breached the obligation and that the breach resulted in injury, and that the injury caused damage. The standard of care is the first element in a
medical malpractice case, and is determined by the testimony of an expert. The standard of care is the amount a "reasonably prudent" doctor would do under similar or identical circumstances.
A physician is in breach of this duty when he or her deviates from the normal care of the patient. For instance, if the physician breaks a patient's arm, the doctor is not able to properly set the arm or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken part to heal incorrectly, resulting in the complete or partial loss of use, and further financial damages.
In most instances, medical malpractice lawsuits are filed in state trial courts. However in certain circumstances federal courts are also able to take on these cases. The 94 federal district courts across the United States each have a jury and judge panel that handles these cases. The majority of states have a special system of state courts that handle the issues. However, they are subject to different rules of court procedures than federal district courts.
Causation
A patient could be entitled compensation for the damages caused if the doctor fails to meet their obligation to avoid harm. A medical malpractice claim can also be brought when a doctor performs a treatment with known risks and the patient would not have agreed to the procedure had they been fully informed.
In a medical malpractice
lawsuit, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. The failure to follow the standard of care must have been the direct cause of any injury or illness sustained by the patient and the ailment would never have occurred but because of the doctor's negligence. This burden of proof, referred to as "preponderance" of evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.
Medical malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case is settled or goes to trial, the attorneys on both sides invest substantial time and resources in preparation for the trial. This is a major reason why malpractice claims are so expensive for both the plaintiff and the doctor affected, 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
Based on the nature of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the monetary losses or expenses caused by the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain and mental anxiety.
Medical malpractice claims are usually filed in a state court of trial. There are instances when an action can be filed in federal courts. This is typically where a doctor is employed by an institution that is funded by federal funds like the Veteran's Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical malpractice also may have to endure the stress of an open jury trial and could be at risk of being rejected by a judge or rejected by the jury.
You must establish that medical negligence or error was the cause of your injury to be able to make a lawsuit for medical malpractice. The injury must be severe enough that a cash award would substantially make up for your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps and limits to the amount that patients can be awarded if they successfully make claims.