Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and serious threat to doctors. They drive up physician insurance costs and can alter the practice of medicine.
In general doctors owe their patients the duty to uphold the accepted medical practices, without any deviation or exclusion. This is referred to as the standard of care.
To sue a doctor for malpractice, a patient must establish the following elements using a preponderance: duty, breach of duty, causation and damages.
Duty of Care
The first aspect of a medical malpractice case is that the victim was legally obligated by the doctor that was violated. Medical malpractice claims differ from other negligence cases in that they often involve a physician-patient relation, which can be established through things like doctor's records or phone consultations. In general, physicians who treat patients must adhere to the accepted guidelines in their field and practice.
Doctors could also be held responsible for the incompetence or negligence of their staff, including assistants and interns. In addition, they could be held accountable for the actions of emergency medical personnel working under their supervision.
The next element a plaintiff needs to establish is that the defendant did not satisfy the standard of medical care under the circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's failure adhere to these guidelines. The second aspect is that the breach directly hurts the patient. To prove that you have committed a crime, your lawyer will need to prove that the breach of duty by the defendant directly caused your injury or death of a loved one. This concept is known as causal proximate. If, for instance, the alleged negligent treatment did not have a negative effect on your health, irrespective of whether or not it was done by a physician, you will not be able be awarded damages for any injuries, or wrongful death, that were allegedly cause by the physician's behavior.
Breach of Duty
A doctor who does not fulfill their obligation of care to a client can be held accountable for negligence. In order to be successful in a medical malpractice claim, the patient must prove four legal aspects that a duty of care or professional care was owed and the doctor violated this obligation; the breach led to injury; and the result was a cause of damages. The primary element of a medical malpractice claim is the standard of care which is determined by experts' testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or identical circumstances.
The physician's breach of this obligation occurs when he violates the standard of care while rendering treatment to the patient. If a doctor fractures the arm of a patient they might fail to cast the arm correctly. A breach by a doctor can make the broken arm to heal improperly. This could result in the loss of use, either in whole or in part of use, and monetary damages.
In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain circumstances federal courts can be able to hear these cases. The 94 federal district courts across the United States each have a jury panel with a judge who handles these cases. A majority of states have a system of state courts that are specialized to handle these cases, though they follow different rules for court procedure than federal district courts.
Causation
Physicians swear to protect their patients and if they fail to uphold that duty and cause injury the patient could be entitled to compensation for the damages. A medical malpractice claim may also arise when a doctor decides to administer a procedure that is associated with risks and the patient would have opted to not undergo the procedure if fully informed of the potential consequences.
In a medical malpractice lawsuit the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the direct cause of any illness or injury suffered by the patient, and the injury would not be the case if it wasn't due to the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.
Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, the lawyers on both sides have to spend significant time and resources preparing for the issue. This is the reason why malpractice claims can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform the tort laws in the United States.
Damages
Depending on the type of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages can include the compensation for physical and mental anguish.
medical malpractice lawyer malpractice claims are filed in state trial courts. There are certain situations in which an action can be filed in federal courts. This is typically where a physician is employed by a federally funded facility such as the Veterans' Administration, or if the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence might also have to stand trial before a jury and are at risk that their claim will be rejected by a court or dismissed by a juror.
You must establish that medical negligence or error caused your injury to be able to make a lawsuit for medical malpractice. The injury must be severe enough to warrant a monetary award that would cover your financial losses and emotional distress. New York medical malpractice law also has specific damage caps, and other limits on the amount the patient could receive should they be successful in filing an claim.