Four Elements of a Medical Malpractice Case
Physicians are worried about malpractice lawsuits because they pose real threats. They increase insurance costs and can alter the practice of medicine.
In general, doctors have the obligation to their patients to adhere to accepted medical practices. This is referred to as the standard of care.
To sue a physician for negligence, the 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 victim was legally obligated by the doctor who was not fulfilled. As opposed to other types cases, medical malpractice claims often require the relationship between a doctor and patient, which is established through things such as doctor's medical records and telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.
Doctors could also be held responsible for the incompetence or negligence of their staff, including assistants and interns. They may also be held accountable for the actions of emergency personnel under their supervision.
The plaintiff must then establish that the defendant's conduct did not meet the standard care under the circumstances. This is only proven through expert testimony on acceptable medical practices and the defendant's inability to adhere to these standards. The second aspect is that the breach directly harmed the patient. To prove malpractice your lawyer needs to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This concept is known as the proximate cause. For example, if the negligence alleged by the defendant wouldn't have had an adverse impact on your health, regardless whether it was executed or not, then you wouldn't be able to recover damages for any injuries or wrongful deaths that were believed to have been caused by the physician's conduct.
Breach of Duty
A physician who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to prevail in a medical malpractice claim, the patient must prove four legal elements: a duty of professional care was breached and the doctor breached this obligation; the breach led to injuries; and the damage led to damages. The first element of a medical malpractice claim is the standard of care, which is determined by experts' testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar or similar circumstances.
A physician violates this duty in the event that he or she departs from the normal care of the patient. For example, if the doctor breaks a patient's arm when he does not correctly set it or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in partial or full loss of use and subsequent monetary damages.
Medical malpractice cases are brought in state trial courts, but in certain circumstances federal courts can 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 state courts that are specialized to handle these cases, but with different rules of court procedure than federal district courts.
Causation
Doctors swear to not cause harm, and should they violate the oath and cause injury, the patient may be entitled to compensation for damages. A medical malpractice claim may occur when a physician decides to administer a procedure that carries known risks, and the patient could have refused the procedure if fully informed of all possible consequences.
The plaintiff in a medical malpractice case must prove that the doctor failed to act in accordance with accepted guidelines for practice, and that the failure was a direct cause for the injury or illness that the patient was suffering from and that the harm could not have occurred if it weren't because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.
Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery processes. Both sides invest a lot of time and resources in making preparations for a case whether it settles or if it goes to court. This is the reason why malpractice claims are costly for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health groups are supportive of efforts to change tort laws in the United States.
Damages
Victims may be awarded damages for punitive or compensatory, based on the kind of medical negligence. Compensation damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages could include compensation for mental and physical anguish.
Medical malpractice lawsuits are usually filed in a state trial court. However, there are situations where a suit could be filed in federal court. It is usually the case when a doctor is employed by a clinic that is funded by federal funds such as the Veterans Administration, or if the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.
Lawsuits alleging medical malpractice are largely adversarial in nature and involve an extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical malpractice could also be subject to the pressure of a jury trial and may be in danger of having their claim rejected by a judge or rejected by the jury.
To win a medical malpractice claim, you must prove that the
medical malpractice law firms negligence or error caused your injury. The damage must be serious enough that a financial settlement would substantially make up for your financial losses as well as emotional pain. Additionally, New York medical malpractice laws have specific damage caps, as well as other limitations on the amount that can be awarded to a patient who is successful in bringing a claim.