Four Elements of a Medical Malpractice Case
Physicians are worried about malpractice lawsuits because they pose an actual threat. They can increase insurance costs for doctors as well as alter the practice of medicine.
In general doctors owe their patients the obligation to follow the accepted medical practice without any deviation or exclusion. This is referred to as the standard of care.
To sue a doctor for malpractice, a patient must prove the following elements with a preponderance of proof: breach of duty, causation, and damages.
Duty of Care
The first aspect of a medical malpractice claim is that the person who was injured was legally obligated by the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This could be established through documents such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.
However, doctors can also be liable for the negligence of their staff members, including assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.
The next element the plaintiff must prove is that the defendant did not meet the standards of care under the circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's inability to follow these guidelines. The second aspect is that the breach directly harmed the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant's breach of duty directly caused your injury or the wrongful death of a loved one. This is referred to as causal proximate. If, for example, 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 claim damages for any injuries, or wrongful death that was believed to be cause by the physician's behavior.
Breach of Duty
A physician who fails to meet their obligation of care to the client could be held accountable for their negligence. In order to prevail in a
medical malpractice (
research by the staff of 1004114) case, the injured patient must prove four legal elements that a duty of care or professional care existed and the physician violated this obligation; the breach led to injuries; and the damage was a cause of damages. The first aspect of a medical malpractice claim revolves around the standard of care, which is determined by experts' testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or similar circumstances.
The breach of this obligation occurs when he/she does not adhere to the standard of care when rendering treatment to the patient. For instance, when a physician breaks a patient's arm the doctor isn't able to properly set it or fails to cast the broken arm. A doctor's error can cause the broken arm heal incorrectly. This could lead to a partial or complete loss of use, and monetary damages.
Medical malpractice cases are brought in state trial courts, however under certain conditions federal courts may hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have specialized state courts that handle these cases, though they follow different court procedures than federal district courts.
Causation
A patient could be entitled to compensation for damages if medical professionals fail to perform their obligation to prevent harm. A medical malpractice claim may also arise when a doctor decides to perform a procedure that carries known risks, and the patient could have refused the procedure had they been fully informed of the possible consequences.
The plaintiff in a medical malpractice case must prove that the medical professional failed to act in accordance with accepted standards of practice, that the doctor's negligence was a direct cause of the injury or illness the patient suffered and that the ailment would not have occurred but because of the negligence of a physician. This burden of proof, known as "preponderance" of the evidence, is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.
Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, the attorneys on both sides invest substantial time and resources in preparation for the issue. This is one reason that malpractice claims are expensive for both the patient and the doctor affected, and is one of the reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.
Damages
Based on the nature of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for financial losses and costs resulted from the negligence of the doctor which includes loss of income or costs of future medical care. Non-economic damages may include the compensation for physical and mental stress.
Medical malpractice lawsuits are typically filed in a state trial court. There are some situations where the lawsuit may be filed in federal courts. It is usually the case when a doctor is employed by a clinic that is funded by federal funds like the Veteran's administration, or when the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.
Lawsuits alleging medical malpractice are usually adversarial and involve significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice might also have to deal with the stress of the jury trial, and possibly be at risk of being denied their claim by a judge, or dismissed by a jury.
To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a financial award that would cover your financial losses and emotional distress. Additionally, New York medical malpractice laws have certain damage caps and other limits on the amount that can be awarded to a patient who is successful in filing a claim.