What NOT To Do Within The Medical Malpractice Litigation Industry

Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They can increase insurance costs for doctors as well as alter medical practice.

In general doctors owe patients the obligation to adhere to accepted medical practices without deviation or the slightest omission. This is known as the standard of care.

To sue a doctor over malpractice, a patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The first thing to consider in a Medical Malpractice Law Firms malpractice case is that the injured person was owed a duty of a doctor that was not met. Medical malpractice claims are different from other types of negligence claims in that they typically involve a patient-physician relationship that can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to accepted guidelines in their field and practice.

Doctors could also be held liable for the negligence or incompetence of their staff, like assistants or interns. They could also be held responsible for the actions of emergency personnel working under their supervision.

The next element that a plaintiff has to prove is that the defendant did not adhere to the standard of care in the circumstances. This can only be proven by expert testimony on acceptable medical practices, and the defendant's failure adhere to these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove malpractice your lawyer must 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. For instance, if the negligent treatment claimed to be negligent was not able to have a negative effect on your health, regardless of whether or not it was performed or not, you aren't able to win damages for any injuries, or wrongful death, that were allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient can be held accountable for negligent behavior. To succeed in a medical negligence case, the injured patient must prove four legal aspects which include: a duty to provide professional care was owed and the doctor breached this duty; the breach caused injuries; and the damage caused damages. The standard of care is the first component in a medical negligence case, and it is established by expert testimony. The standard of care is defined as what a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician violates this duty in the event that he or she departs from the norm of care while treating the patient. If a physician breaks the arm of a patient he or she may fail to cast the patient correctly. A breach by the doctor causes the broken arm to heal improperly. This can lead to the loss of use, either in whole or in part of use, as well as financial damages.

Medical malpractice cases are filed in state trial courts. However, under limited 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 is able to hear medical malpractice cases. A majority of states have a system of state courts that handle these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail to uphold that duty and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice attorneys malpractice claim may be brought up when a doctor chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure if they had been fully informed of all possible consequences.

In a case of medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care must have been the main cause of any injury or illness suffered by the patient and the injury could not have occurred if not for the physician’s negligence. The burden of proof, also known as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony as well as lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and money the preparation of a case, whether it is settled or if it goes to court. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Depending on the type of medical malpractice lawsuit negligence, victims may be able to recover punitive and compensatory damages. Compensatory damages compensate the patient for the financial losses or expenses caused by the negligence of the doctor. This includes the loss of income as well as future medical expenses. Non-economic damages may include compensation for mental and physical anxiety.

Medical malpractice claims are usually filed in a state court of trial. There are a few instances where a lawsuit can be filed in federal courts. This is usually the case where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or if the physician is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are mostly adversarial and involve extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical malpractice also may have to endure the stress of a jury trial and potentially face the threat of being rejected by a judge, or dismissed by the jury.

You must establish that medical negligence or error was the cause of your injury to be able to make a case for medical negligence. The injury must be significant enough that a financial award will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also includes certain damage caps, and other limits to the amount that an individual patient could be awarded if they successfully make an appeal.