Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for doctors and also alter the medical practice.
In general doctors owe patients a obligation to adhere to the accepted medical practice without deviation or infraction. This is known as the standard of care.
To successfully sue a doctor for malpractice, the patient must prove each of the following legal elements with the preponderance of evidence: breach of duty; breach of obligation; causation; damages.
Duty of Care
The first element of a
medical Malpractice law firm malpractice case is that the injured party was obliged to perform a duty by the doctor that was violated. Medical malpractice cases differ from other negligence claims in that they usually involve a physician-patient relationship that can be established through things like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to the accepted guidelines in their field and practice.
However, doctors could also be held accountable for the actions of their staff members, like assistants or interns. They may also be held responsible for the actions of emergency personnel working under their supervision.
The next element a plaintiff needs to establish is that the defendant failed to meet the standards of care under the circumstances. This element is only able to be proved through expert testimony about acceptable medical practices and the defendant's failure follow these standards. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant's failure to perform his duty and your injuries or loved one's wrongful death. This concept is known as proximate causation. If, for instance the alleged negligent treatment did not have an adverse effect on your health, irrespective of whether or not it was done, you won't be able claim damages for any injuries, or even wrongful death that was allegedly cause by the physician's behavior.
Breach of Duty
A physician who fails in their duty of care to the client could be held accountable for their negligence. To win a
medical malpractice lawsuit the person who suffered must prove four elements: that there was a duty of
medical malpractice law firms care and that the doctor breached the duty and that the breach caused injury, and that the injury caused damages. The standard of care is the primary component in a medical negligence case, and is determined by expert testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar or similar circumstances.
The breach of this obligation occurs when he is not following the standard of care while giving treatment to the patient. For instance, if a physician breaks the arm of a patient the doctor does not correctly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken arm to heal improperly, which results in partial or full loss of use, and further financial damages.
In the majority of instances, medical malpractice claims are filed with state trial courts. However under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. The majority of states have a special system of state courts that handle the issues. However, they have different rules of court procedures than federal district courts.
Causation
A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to avoid harm. A medical malpractice claim can also be brought when a doctor administers a procedure with known risks, and the patient would not have consented to the procedure had they been fully informed.
In a medical malpractice lawsuit the plaintiff must show that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the direct cause of any injury or illness suffered by the patient, and the injury would never be the case if it wasn't for the physician’s negligence. This burden of proof is referred to as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.
Medical malpractice lawsuits usually involve expert witness testimony as well as lengthy discovery procedures prior to trial. Whether the case is settled or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the issue. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.
Damages
Depending on the kind of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages compensate patients for financial losses and costs caused by the negligence of a physician like loss of income or cost of future medical treatments. Non-economic damages include compensation for mental and physical anguish.
Medical malpractice claims are generally filed in a state trial court. There are some situations where the lawsuit may be filed in federal courts. This is typically the case when doctors are employed by a federally-funded clinic such as the Veteran's Administration or if the doctor is from another country but practices in the United States as part of an agreement that confers extraterritorial authority.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This may include written interrogatories as well as depositions, as well as requests for documents. The victims of alleged medical negligence could also have to stand trial before a jury and are at risk that their claim will be rejected by a judge or dismissed by a jury.
You must prove that medical negligence or error caused the injury you suffered to win a lawsuit for medical malpractice. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. New York medical malpractice law also includes certain damages caps and restrictions on the amount patients can be awarded after proving an claim.