25 Amazing Facts About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as real threats. They can raise insurance costs and can affect medical practice.

In general, medical malpractice law Firm doctors are under obligations to their patients to adhere to accepted medical practices. This is called the standard of care.

To sue a doctor over malpractice, a patient must demonstrate the following elements with a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The first element of a claim for medical malpractice attorneys malpractice is that the victim was obliged to perform a duty by the doctor that was not met. Contrary to other types of negligence cases Medical malpractice claims typically require the existence of a relationship between doctor and patient. This is established through things such as doctor's medical records and phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

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

The plaintiff has to establish that the defendant's actions did not adhere to the standard of medical care in the circumstances. This element can only be proven with expert testimony on acceptable medical practices, and the defendant's failure adhere to these standards. The other element is that the breach directly injured the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's failure to perform his duty and your injury or loved one's untimely death. This is known as proximate causes. If, for example, the alleged negligent treatment did not have an adverse impact 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 was believed to be caused by the behavior of the doctor.

Breach of Duty

A physician who fails to perform their duty of professional care to a patient may be held accountable for negligent behavior. To prevail in a medical malpractice case the victim must demonstrate four elements: that a duty of care existed and the doctor breached the obligation and the breach caused injuries, and then the injury caused damage. The first part of a medical malpractice lawsuit centers around the standard of care which is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's violation of this obligation occurs when he violates the standard of care in giving treatment to the patient. For instance, if a physician breaks a patient's arm and isn't able to properly set it or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken arm to heal improperly, which results in the complete or partial loss of use and subsequent monetary damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However in certain circumstances, federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear Medical Malpractice law firm malpractice cases. The 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 do no harm, and should they violate that duty and cause injury, a patient may be entitled to compensation for damages. Medical malpractice claims could also arise if the doctor is performing a procedure that has known risks, and the patient would not have agreed to the procedure had they been fully informed.

In a case of medical malpractice the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This negligence must have been the primary cause of any illness or injury suffered by the patient and the injury would never be the case if it wasn't due to the negligence of the doctor. The burden of proof, also known as "preponderance" of evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and lengthy discovery procedures prior to trial. If the case is settled or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the issue. This is one of the main reasons why malpractice claims are so costly to both the patient and the doctor involved. It is one of the main reasons that physicians and Medical Malpractice Law Firm 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 nature of medical negligence. Compensation damages compensate the victim for the financial loss or costs resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice lawsuits are typically filed in a state court of trial. However, there are certain situations where a lawsuit could be filed in federal court. This is usually the case when a doctor is employed at a federally funded facility such as the Veterans' Administration, or if the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are usually adversarial and involve an extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the stress of a jury trial and may risk being denied their claim by a judge or rejected by jurors.

To be successful in a medical malfeasance claim, you must show that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a monetary award that would cover your financial losses and emotional pain. New York medical malpractice law also has certain damage caps, and other limitations on the amount patients can be awarded when they are successful in bringing an claim.