Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They drive up physician insurance costs and could alter the way doctors practice.

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

To successfully to sue a doctor for malpractice, an aggrieved patient must demonstrate each of the following legal elements using a preponderance of the evidence: breach of duty, breach of that obligation; causation; damages.

Duty of Care

The first element in a Muscatine Medical Malpractice Law Firm malpractice case is that the injured person was owed a doctor's duty which was not fulfilled. Medical malpractice claims differ from other negligence claims in that they usually involve a physician-patient relationship that can be established by things like doctor's records or phone consultations. In general, physicians who treat patients must adhere to accepted standards in their profession and practice.

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

The next element that a plaintiff must prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's inability to comply with these standards. The second factor is that the breach directly injured the patient. To prove malpractice your lawyer must to show that the defendant's breach of duty directly caused your injury or the death of your loved one. This is referred to as causal proximate. For instance, if negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless whether it was executed or not, then you wouldn't be able claim damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who does not fulfill their obligation of care to clients can be held accountable for negligence. To prevail in a medical malpractice lawsuit the victim must demonstrate four elements: that there was a duty of medical care and that the doctor breached the obligation, that the breach caused injury, and that the injury caused damage. The first part of a medical malpractice case is the standard of care which is determined by experts' testimony. The standard of care is what an "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's violation of this duty occurs when he/she violates the standard of care when giving treatment to the patient. If a doctor fractures the arm of a patient they might fail to cast the patient correctly. The doctor's lapse in duty causes the broken arm to heal improperly, which results in a complete or partial loss of use and subsequent monetary damages.

Medical malpractice cases are brought in state trial courts. However, under certain circumstances, federal courts may also take on these cases. The 94 federal district courts across the United States each have a jury panel and judge that is responsible for hearing these cases. The majority of states have state courts that are specialized to handle the cases, although they have different rules of procedure than federal district courts.

Causation

A patient could be entitled compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. Medical malpractice claims can also arise when the physician performs a procedure that is associated with known risks and the patient would not have consented to the procedure had they been fully informed.

The plaintiff in a medical malpractice case must prove that the medical professional failed to adhere to accepted standards of practice, that this failure was a direct cause of the injury or illness that the patient suffered and that the harm would not have happened but because of the negligence of a physician. The burden of proof, also known as "preponderance" of the evidence is less stringent than "beyond reasonable doubt" which is needed to convict criminal defendants.

titusville medical malpractice lawsuit malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. If the case settles or goes to trial, attorneys on both sides invest an enormous amount of time and effort preparing for the trial. This is one of the main reasons why malpractice claims can be so costly for both the patient and the doctor affected, and is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Depending on the type of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages pay for financial losses and costs caused by the negligence of a physician for example, loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain and mental stress.

Medical malpractice claims are filed in state trial courts. However, there are situations where a suit could be filed in federal court. This is typically when a doctor is employed at an institution that is funded by federal funds such as the Veterans' Administration, or if the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Legal actions involving medical malpractice are generally adversarial and require large amounts of legal discovery. This includes written interrogatories, depositions, as well as requests for documents. The victims of alleged medical negligence might also have to endure a jury trial and may be in danger that their claim will be rejected by a judge or rejected by a jury.

In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The harm must be serious enough that a financial settlement will significantly compensate for your financial losses as well as emotional stress. New York medical malpractice law also has damage caps, and other limitations on the amount a patient can receive if they successfully make a claim.