Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and feared threat for physicians. They can raise insurance costs for doctors and also alter the way they practice medicine.
In general doctors owe patients the obligation to adhere to the accepted medical practice without deviation or exclusion. This is referred to as the standard of care.
To sue a physician 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 primary element of a medical malpractice case is that the party who suffered was obliged to perform a duty by the doctor that was violated. Contrary to other types of negligence cases medical malpractice claims typically require the existence of a physician-patient relationship, which can be established by means such as doctor's medical records and phone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.
However, doctors could be accountable for the wrongful actions of their staff members, including assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel who are working under their supervision.
The next thing that a plaintiff must prove is that the defendant did not adhere to the standard of care in the particular circumstances. This is only proven through expert testimony on acceptable medical practices, and the defendant's reluctance to adhere to these guidelines. The other element is that the breach directly injured the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's omission of duty and your injuries or loved one's wrongful death. This is referred to as proximate cause. If, for example, the negligent treatment claimed to be negligent would not have had an adverse impact on your health, irrespective of whether or not it was done, you won't be able win damages for any injuries or death that was believed to be caused by the doctor's actions.
Breach of Duty
A doctor who fails meet his or her obligation of professional care to a patient could be held accountable for negligent behavior. To succeed in a medical negligence lawsuit, the injured person must prove four legal elements that a duty of care or professional care was owed; the physician breached this duty; the breach caused injury; and the injury led to damages. The primary element of a medical malpractice case is the standard of care, which is determined by experts' testimony. The standard of care is the amount an "reasonably cautious" doctor would do under similar or similar circumstances.
The physician's violation of this obligation occurs when he/she violates the standard of care while rendering treatment to the patient. For example, if the physician breaks a patient's arm and is not able to properly set the arm or fails to cast the broken arm. The doctor's lapse in duty causes the injured arm to heal improperly, resulting in the complete or partial loss of use and subsequent financial damages.
In most instances,
medical malpractice lawsuits are filed in state trial courts. However in certain circumstances federal courts are also able to be able to hear these cases. The 94 federal district courts across the United States each have a jury panel and judge that handles these cases. The majority of states have a special system of state courts that handle these matters. However, they have different rules of court procedure than federal district courts.
Causation
A patient could be entitled compensation for any damages suffered by a physician fails to fulfill their duty to do no harm. Medical malpractice claims could also arise if the physician performs a procedure that is associated with known risks and the patient wouldn't have agreed to the procedure had they been fully informed.
In a lawsuit for medical malpractice, 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 injury would not have occurred if not for the physician’s negligence. This burden of proof is known as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard required to convict criminal defendants.
Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery processes. If the case is settled or goes to trial, lawyers on both sides have to spend significant time and resources preparing for the matter. This is a major reason that malpractice claims are expensive for both the plaintiff and the medical professional involved, and is one of the main reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.
Damages
Victims can receive punitive or compensatory damages depending on the nature of medical negligence. Compensation damages are awarded to compensate the patient for the monetary losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical costs. Non-economic damages can include compensation for mental and physical stress.
Medical malpractice claims are usually filed in a state court of trial. There are certain situations in which a lawsuit can be filed in federal courts. This is usually the case where a doctor is employed by an institution that is funded by federal funds such as the Veterans' Administration, or where the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are mostly adversarial and require significant legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical negligence could also have to stand trial before a jury and may be in danger that their claim will be rejected by a court or dismissed by a jury.
You must prove that medical negligence or mistake caused your injury to win a case for
medical malpractice lawyers negligence. The damage must be serious enough that a cash award will substantially compensate for your financial losses as well as emotional distress. New York medical malpractice law also has certain damages caps and limits on the amount patients can be awarded when they are successful in bringing a claim.