Four Elements of a Medical Malpractice Case
Physicians are concerned about malpractice lawsuits as real threats. They could increase the cost of insurance for doctors as well as alter the medical practice.
In general, doctors have the obligation to their patients to follow accepted medical practices. This is known as the standard of care.
To successfully to sue a doctor for negligence, the patient must be able to prove each of the following legal elements with a preponderance of evidence: duty; breach of duty; causation; and damages.
Duty of Care
The most important element of a medical negligence claim is that the victim was legally obligated by the doctor who was not fulfilled. Unlike some types of negligence cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This could be established through documents like medical records and telephone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.
Doctors may also be held accountable for the negligence or incompetence of their staff members, for example, assistants or interns. Additionally, they can be held liable for the actions of emergency
medical malpractice law firm personnel under their supervision.
The next element a plaintiff needs to establish is that the defendant failed to meet the standards of care in the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's refusal to adhere to these standards. The second element of malpractice is that the breach directly harmed the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's omission of duty and your injury or your loved one's wrongful death. This is known as proximate causes. If, for instance the alleged negligent treatment was not able to have an adverse impact on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries or death, that you believe was cause by the physician's behavior.
Breach of Duty
A physician who fails in their obligation of care to the client could be held liable for negligence. To win a medical malpractice claim, the patient must prove four legal elements: a duty of professional care existed and the doctor violated this duty; the breach caused injury; and the injury was a cause of damages. The first part of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in the same or similar circumstances.
The physician's violation of this duty occurs when he/she violates the standard of care while providing treatment to the patient. For instance, if the physician breaks a patient's arm when he is not able to properly set the arm or fails to cast the broken arm. A doctor's breach causes the broken arm to heal in a wrong way. This could result in a partial or complete loss of use and financial damages.
In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can consider these claims. The 94 federal districts courts across the United States each have a jury panel with a judge who decides on these cases. Most states have a specialized system of state courts that deal with these issues. However, they have different rules of court procedures than federal district courts.
Causation
Doctors swear to protect their patients and if they fail to uphold this obligation and cause injury, the patient may be entitled to compensation for damages. A
medical malpractice lawsuit could occur when a physician opts to carry out a procedure that carries known risks, and the patient would have declined the procedure if they had been fully informed of the potential consequences.
The plaintiff in a medical malpractice lawsuit must prove that the doctor did not act in accordance with accepted standards of practice, that this negligence was a direct cause for the illness or injury the patient was suffering from, and that the injury could not have occurred except because of the negligence of the doctor. The burden of proof, also known as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.
Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is why malpractice cases are costly for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.
Damages
Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the patient for the financial losses or expenses caused by the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages include compensation for physical pain and mental distress.
Medical malpractice claims are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. This is typically the situation when a doctor is employed at a federally-funded clinic, such as the Veteran's Administration, or if the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Victims of alleged medical malpractice might also have to deal with the stress of an open jury trial and could be at risk of being denied their claim by a judge, or dismissed by a jury.
In order to win a medical negligence claim, you must show that the medical negligence or error caused your injury. The injury must be severe enough that a monetary award will significantly compensate for your financial losses and emotional distress. New York
medical malpractice attorneys malpractice law also includes certain damage caps, and other limits to the amount that the patient could receive after proving a claim.