Four Elements of a Medical Malpractice Case

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

In general doctors owe their patients the obligation to adhere to the medical standards that are accepted without deviation or the slightest omission. This is referred to as the standard of care.

To successfully claim a doctor's negligence, the patient must be able to prove each of the following legal elements using a preponderance of evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

The first element of a medical malpractice case is that the victim was obliged to perform a duty by the doctor that was breached. Medical malpractice claims differ from other types of negligence cases because they often involve a physician-patient relationship, which can be established through documents from a doctor or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

However, doctors can also be held accountable for the actions of their staff members, including assistants or interns. They can also be held accountable for the actions of emergency personnel working under their supervision.

The plaintiff is then required to show that the defendant's actions did not adhere to the standard of medical care in the circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's refusal to adhere to these guidelines. The second aspect is that the breach directly hurts the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's breach of duty and your injury or your loved one's untimely death. This is known as proximate reason. For example, if the alleged negligent treatment wouldn't have had a negative impact on your health regardless whether it was executed or not, then you wouldn't be able to recover damages for any injuries or wrongful deaths that were allegedly 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. In order to win a medical malpractice suit the plaintiff must prove four elements: that there was a duty of medical care and that the doctor breached the duty and that the breach caused injury, and that the injury caused damage. The primary element of a claim for medical malpractice revolves around the standard of care that is determined by expert testimony. The standard of care is the amount an "reasonably cautious" doctor would do under similar or similar circumstances.

The breach of this duty occurs when he/she violates the standard of care when rendering treatment to the patient. If a physician fractures the arm of a patient he or she may fail to cast the arm correctly. A doctor's error can cause the broken arm to heal improperly. This could lead to an incomplete or total loss of use, and monetary damages.

In the majority of instances, medical malpractice lawyer malpractice lawsuits are filed with state trial courts. However in certain situations federal courts are also able to be able to hear these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who decides on these cases. Most states have a specialized system of state courts that handle these issues. They do however, follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if doctors fail to fulfill their duty to do no harm. A medical malpractice claim can also be brought when a doctor administers a procedure with known risks and the patient would not have consented to the procedure if they had been fully informed.

In a lawsuit for medical malpractice the plaintiff must show that the doctor did not act in accordance with accepted standards of practice. This negligence must have been the primary cause of any injury or illness suffered by the patient and the injury would never have occurred if not because of the negligence of the physician. This burden of proof is known as the "preponderance of evidence" standard which is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. If the case is settled or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is why malpractice lawsuits can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons why physicians and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the type of medical malpractice. Compensatory damages compensate the patient for the financial losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are instances where a lawsuit could be filed in federal court. It is usually the case when the doctor is employed by a federally-funded medical malpractice attorneys clinic such as the Veterans Administration or when the doctor is a resident of another country, but is working in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are largely adversarial in nature and involve significant 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 may be in danger of being rejected by a judge or dismissed by jurors.

You must prove that medical negligence, or error caused your injury to win a case for medical negligence. The injury has to be severe enough to warrant a financial award that would cover your financial losses as well as emotional distress. Additionally, New York medical malpractice laws have certain damage caps as well as other limits on the amount which can be awarded to a person who has a successful claim.