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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They drive up physician insurance costs and could alter the medical practice.

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

To successfully claim a doctor's malpractice, an aggrieved patient must demonstrate each of the following legal elements by a preponderance of the evidence: breach of duty, breach of that duty; causation; damages.

Duty of Care

The most important element of a medical malpractice lawsuit negligence claim is that the party who suffered was bound by a duty of the doctor who was not fulfilled. Medical malpractice cases differ from other types of negligence claims in that they typically involve a patient-physician relationship, which is established through documents from a doctor or phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

Doctors may be held accountable for the incompetence or negligence of their staff members, like assistants or interns. Additionally, they can be held accountable for the actions of emergency medical personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to satisfy the standard of medical care under the circumstances. This element can be proven through expert testimony on acceptable medical procedures and the defendant's failure to adhere to these guidelines. The second element is that the breach directly affected the patient. To prove malpractice your lawyer needs to prove that the defendant's breach of duty directly caused your injury or death of your loved one. This is referred to as the 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 win damages for any injuries or deaths that were caused by the physician's conduct.

Breach of Duty

A physician who fails in their obligation of care to clients can be held accountable for their negligence. To prevail in a medical malpractice case the plaintiff must prove four elements: that a duty of care existed and the physician violated the obligation and the breach caused injury and finally the injury caused damages. The standard of care is the primary aspect in a medical wrongful conduct case, and is determined by the testimony of an expert. The standard of care is the amount a "reasonably cautious" doctor would do under similar or identical circumstances.

A doctor is in violation of this obligation when he or she strays from the normal care of the patient. For instance, if a physician breaks a patient's arm, the doctor is not able to properly set the arm or fails to cast the broken arm. A breach by a doctor can make the broken arm to heal in a wrong way. This could lead to either a complete or partial loss of use, as well as financial damages.

In the majority of instances, medical malpractice cases are filed with state trial courts. However in certain circumstances, federal courts can also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have state courts that are specialized to handle the cases, although they have different court procedures than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by a physician fails to fulfill their obligation to prevent harm. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks and the patient would not have consented to the procedure had they been fully informed.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the main cause of any injury or illness sustained by the patient and the injury would never have occurred if not because of the negligence of the physician. 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 and long discovery procedures prior to trial. Both sides invest a significant amount of time and money the preparation of a case, whether it settles or if it goes to court. This is a major reason that malpractice claims are costly for both the patient and the doctor involved, and is one of the reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

In the event of medical negligence, the victims can seek compensatory or punitive damages. Compensatory damages pay for monetary losses and expenses caused by the negligence of a physician which includes loss of income or the costs of future medical care. Non-economic damages include the payment of physical and mental anxiety.

Medical malpractice claims are generally filed in a state court of trial. However, there are instances where a lawsuit could be filed in federal court. It's usually the case when the doctor is employed by a federally-funded clinic such as the Veterans Administration, or in the case of a doctor who is from other country, but practices in the United States as part of a treaty with extraterritorial authority.

Legal actions involving medical malpractice are usually adversarial and require large amounts of legal discovery. This can include written interrogatories and depositions as well as requests for documents. Victims of alleged medical negligence will also have to bear the pressure of an open jury trial and could be in danger of having their claim dismissed by a judge, or dismissed by the jury.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The injury has to be severe enough to warrant a financial payment that will compensate you for your financial losses and emotional stress. Furthermore, New York medical 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.