Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They can increase insurance costs for doctors and alter medical practice.

In general doctors owe their patients the obligation to follow the accepted medical practice without deviation or exclusion. This is referred to as the standard of care.

To successfully to sue a doctor for malpractice, the patient must show each of these legal elements with the preponderance of evidence: breach of duty, breach of duty; causation; and damages.

Duty of Care

The first element in a medical malpractice case is that the victim was owed a duty of a doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often require the existence of a physician-patient relationship, which can be established by means such as doctor's medical records and phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors could also be held responsible for the incompetence or negligence of their staff members, such as interns or assistants. They can also be held accountable for the actions of emergency personnel under their supervision.

The next thing a plaintiff needs to establish is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This can be proved through expert testimony on acceptable medical practices and the defendant's failure to comply with these standards. The second aspect is that the breach directly hurts the patient. To prove that you have committed a crime the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or death of a loved one. This is referred to as proximate cause. For example, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health irrespective whether it was performed or not, you would not be able to claim damages for any injuries or wrongful deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their obligation of care to the client may be held responsible for negligence. In order to win a medical malpractice case the victim must prove four things: that there was a duty of care and the doctor breached the obligation and that the breach caused injury, and that the injury caused damages. The standard of care is the most important component in a medical negligence case, and it's determined by the testimony of an expert. The standard of care is the amount an "reasonably cautious" doctor would do under similar or identical circumstances.

A physician violates this duty when he or her deviates from the normal care of the patient. For instance, if a physician breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A doctor's breach causes the broken arm to heal improperly. This can lead to either a complete or partial loss of usage, and also financial damages.

In most instances, medical malpractice claims are filed with state trial courts. However, in certain circumstances, federal courts can also 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 these cases. They do however, follow different rules of court procedures than federal district courts.

Causation

Physicians take an oath to avoid harm, and if they fail in their duty to uphold this obligation and cause injury, a patient may be entitled to compensation for damages. A medical malpractice claim could also arise when a doctor decides to perform a procedure which has known risks and the patient could have refused the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to comply with accepted standards of practice, that this failure was a direct cause for the injury or illness that the patient suffered and that the ailment could not have occurred if it weren't for the physician's negligence. This burden of proof is referred to as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert testimony and lengthy pre-trial discovery hearings. Both sides invest a significant amount of time and resources in the preparation of a case, whether it settles or if it is a court case. This is one of the main reasons why malpractice claims are so costly to both the plaintiff and the doctor involved, and it is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the type of medical negligence. Compensation damages are awarded to compensate the patient for the financial loss or expenses resulting from the doctor's negligence. This includes income loss and future medical costs. Non-economic damages include the compensation for physical pain and mental anxiety.

Medical malpractice claims are filed in state trial courts. However, there are some instances where a lawsuit could be filed in federal court. This is typically the case when the doctor is employed by a federally-funded clinic such as the Veteran's Administration or if the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.

Green Cove Springs Medical Malpractice Lawyer malpractice lawsuits are largely adversarial in nature and involve extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical negligence might also have to deal with the pressure of a jury trial and potentially be at risk of having their claim dismissed by a judge or dismissed by jurors.

You must prove that medical negligence, or mistake caused your injury to win a claim for medical malpractice. The injury has to be severe enough to warrant a financial settlement that will cover your financial losses as well as emotional trauma. Furthermore, New York highlands medical malpractice law firm malpractice laws have specific damage caps and other limits on the amount which can be awarded to a person who is successful in filing a claim.