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Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They can raise insurance costs for doctors and alter the practice of medicine.

In general, doctors have an obligation to their patients to follow accepted medical practices. This is known as the standard of care.

To successfully sue a doctor for negligence, the patient must be able to prove each of the following legal elements with the preponderance evidence: breach of duty; breach of that duty, causation, and damages.

Duty of Care

The first element of a medical malpractice claim is that the victim was obliged to perform a duty by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice lawyers malpractice claims often involve the existence of an established relationship between the doctor and patient. This can be established by means like a doctor's records and phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors could be accountable for the wrongful actions of their staff members, including interns or assistants. They can also be held responsible for the actions of emergency personnel who are under their supervision.

The plaintiff has to show that the defendant's actions did not conform to the standard of care in the circumstances. This can only be proven by expert testimony regarding acceptable medical practices, and the defendant's inability to follow these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's omission of duty and your injury, or your loved one's death. This is known as proximate causes. If, for instance the alleged negligent act did not have an adverse effect on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to get compensation for any injuries or death that was believed to be caused by the doctor's actions.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient could be held accountable for negligent behavior. To prevail in a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care was breached and the physician violated this obligation; the breach led to injury, and the injury led to damages. The first aspect of a medical malpractice claim revolves around the standard of care which is determined by expert testimony. The standard of care is what a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from the norm of care while treating the patient. For instance, if the doctor breaks a patient's arm and isn't able to properly set it or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal improperly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, although under limited circumstances, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have a system of state courts that are specialized to handle these matters, albeit with different rules of procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail to uphold this duty and cause harm the patient could be entitled to compensation for damages. A medical malpractice claim may occur when a physician opts to carry out a procedure that is associated with risks and the patient would not have opted out of the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor did not follow accepted standards of practice, that this negligence was a direct cause for the illness or injury the patient suffered and that the ailment would not have happened but for the physician's negligence. This burden of proof is known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, lawyers on both sides have to spend an enormous amount of time and effort preparing for the trial. This is the reason why malpractice claims can be expensive for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health care groups support efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs resulted from the negligence of the doctor, such as loss of income or the cost of future medical care. Non-economic damages could include the payment of physical and mental anguish.

Medical malpractice claims are generally filed in a state court of trial. There are some situations where a lawsuit can be filed in federal courts. It is usually the case when the doctor is employed by a federally-funded clinic such as the Veteran's Administration or if the doctor is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and involve 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 the jury trial, and possibly be in danger of having their claim rejected by a judge or rejected by the jury.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be severe enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. Additionally, New York medical malpractice laws have damage caps, as well as other limitations on the amount that may be awarded to a patient who successfully makes a claim.