Four Elements of a Medical Malpractice Case
Malpractice lawsuits pose a real and serious threat to doctors. They can increase the cost of insurance for doctors as well as alter the way they practice medicine.
In general, doctors are under a duty to their patients to follow accepted medical practices. This is referred to as the standard of care.
To successfully claim a doctor's malpractice, the patient must be able to prove each of the following legal elements by the preponderance of evidence: duty; breach of that duty; causation; damages.
Duty of Care
The most important element of a medical malpractice case is that the injured party was legally obligated by the doctor who was not fulfilled. Unlike some types of negligence cases medical malpractice claims usually require the existence of an established relationship between the doctor and patient. This is established through things like doctor's records or telephone consultations. In general, doctors who treat their patients must adhere to accepted standards of their profession and practice.
Doctors could also be held liable for the negligence or incompetence of their staff members, for example, assistants or interns. They can also be held responsible for the actions of emergency personnel working under their supervision.
The plaintiff must then show that the defendant's actions did not conform to the standard of care in the circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's failure to follow these standards. The second element of malpractice is that this breach directly harmed the patient. To prove that you have committed a crime your lawyer needs to show that the defendant's breach of duty directly caused your injury or death of your loved one. This concept is known as the proximate cause. For example, if the alleged negligent treatment wouldn't have had an adverse effect on your health irrespective of whether it was done or not, you won't be able to win damages for any injuries or deaths that were caused by the doctor's actions.
Breach of Duty
Physicians who fail to meet his or her obligation of professional care to a patient may be held accountable for negligence. To prevail in a medical negligence lawsuit, the injured party must establish four elements: there was a duty of care and the physician violated the duty and that the breach resulted in injuries, and then the injury caused damages. The primary element of a medical malpractice lawsuit is the standard of care that is determined by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in the same or similar circumstances.
A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. For example, if the doctor breaks the arm of a patient when he does not correctly set it or fails to cast the broken arm. A doctor's breach causes the broken arm heal incorrectly. This can result in a partial or complete loss of usage, and also financial damages.
In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain circumstances federal courts may also consider these claims. The 94 federal districts courts across the United States each have a jury and judge panel that hears these cases. Most states have specialized state courts that handle these matters, albeit with different rules of procedure than federal district courts.
Causation
Doctors swear to avoid harm, and when they fail to fulfill this obligation and cause injury, a patient may be legally entitled to compensation for their losses. Medical malpractice claims can be brought up when a doctor decides to administer a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of the possible consequences.
In a case of medical malpractice, the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. This negligence must have been the primary cause of any injury or illness that the patient suffered, and the ailment would never occur if it weren't because of the negligence of the physician. This burden of proof is referred to as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.
Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, the attorneys on both sides spend significant time and resources preparing for the case. This is a major reason why malpractice claims are so costly to both the plaintiff and the physician involved. It is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.
Damages
Victims can receive damages for punitive or compensatory, based on the nature of medical negligence. Compensatory damages compensate patients for monetary losses and expenses due to the negligence of the doctor for example, loss of income or the cost of future medical treatments. Non-economic damages are compensation for physical pain and mental stress.
Medical malpractice lawsuits are typically filed in a state trial court. There are some situations where an action can be filed in federal courts. This is typically the case where a physician is employed by a federally funded facility such as the Veterans' Administration, or where the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are usually adversarial and involve significant legal discovery. This includes depositions, written interrogatories and requests for the production of documents. Victims of alleged
medical malpractice law firms negligence also may have to endure the stress of a jury trial and potentially risk being rejected by a judge or dismissed by jurors.
You must prove that medical negligence, or mistake caused the injury you suffered to win an action for medical malpractice. The injury must be severe enough that a financial award will substantially compensate for your financial losses as well as emotional pain. New York medical malpractice law also has damage caps, as well as limitations on the amount an individual patient could be awarded when they are successful in bringing an appeal.