Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and serious threat to doctors. They can increase the cost of insurance for doctors and alter medical practice.
In general, doctors have a duty to their patients to follow accepted medical practices. This is called the standard of care.
To successfully claim a doctor's malpractice, the patient must demonstrate each of the following legal elements using a preponderance of evidence: duty; breach of that obligation; causation; damages.
Duty of Care
The most important element of a medical malpractice claim is that the victim was owed a duty by the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This can be established by means like a doctor's records and telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.
However, doctors could be held accountable for the actions of their staff members, like assistants or interns. They may also be held accountable for the actions of emergency personnel who are under their supervision.
The next thing that a plaintiff has to prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This element can only be proven with expert testimony regarding acceptable medical practices and the defendant's reluctance to comply with these standards. The second element of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's omission of duty and your injuries or loved one's untimely death. This concept is known as proximate causation. For instance, if an alleged negligent treatment wouldn't have had a negative effect on your health regardless of whether it was performed or not, then you wouldn't be able to win damages for any injuries or deaths that were allegedly caused by the physician's conduct.
Breach of Duty
A physician who fails in their duty of care towards clients can be held liable for negligence. To prevail in a medical malpractice case, the victim must prove four legal elements that a duty of care or professional care was in place and the doctor breached this obligation; the breach led to injury; and the injury resulted in damages. The first element of a medical malpractice claim revolves around the standard of care that is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or identical circumstances.
A physician is in breach of this duty when he or she deviates from the normal care of the patient. For instance, when a doctor breaks the arm of a patient and isn't able to properly set it or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal improperly. This can lead to the loss of use, either in whole or in part of use, and monetary damages.
Medical malpractice cases are brought in state trial courts, but under certain conditions federal courts may take on 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 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 may be entitled compensation for the damages caused if medical professionals fail to perform their obligation to prevent harm. A medical malpractice claim may occur when a physician opts to carry out a procedure that carries known risks, and the patient would not have opted out of the procedure if they had been fully informed of the potential consequences.
The plaintiff in a
medical malpractice case must prove that the physician failed to follow accepted guidelines for practice, and that this failure was a direct cause of the injury or illness the patient was suffering from and that the injury would not have happened but for the physician's negligence. This burden of proof, referred to as "preponderance" of the evidence is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.
Lawsuits alleging medical malpractice often require expert testimony and lengthy pretrial discovery procedures. Both parties invest a lot of time and resources in the preparation of a case, whether it is settled or if it is a court case. This is why malpractice lawsuits can be expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health care organizations support efforts to reform the tort laws in the United States.
Damages
Victims may be awarded punitive or compensatory damages depending on the type of medical malpractice. Compensatory damages compensate patients for financial losses and expenses caused by the physician's negligence, such as loss of income or expense of future medical treatment. Non-economic damages may include compensation for mental and physical anguish.
Medical malpractice lawsuits are usually filed in a state court of trial. However, there are instances in which a lawsuit may be filed in federal court. This is usually the case where a physician is employed by a federally funded facility such as the Veterans' Administration, or where the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.
Lawsuits alleging medical malpractice are usually adversarial and require large amounts of legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice will also have to bear the stress of the jury trial, and possibly be in danger of being rejected by a judge or rejected by a jury.
To win a medical malpractice claim, you must show that the
medical malpractice attorney error or negligence caused your injury. The injury must be serious enough to warrant a monetary award that covers your financial losses and emotional stress. Additionally, New York medical malpractice laws have specific damage caps as well as other limits on the amount that can be awarded to a patient who successfully makes a claim.