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Four Elements of a Medical Malpractice Case

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

In general doctors owe patients the obligation to adhere to the medical standards that are accepted without any deviation or infraction. This is known as the standard of care.

To successfully to sue a doctor for malpractice, the patient must be able to prove each of the following legal elements using the preponderance of evidence: breach of duty, breach of duty; causation; damages.

Duty of Care

The first element of a claim for glenwood medical malpractice attorney malpractice is that the injured party was bound by a duty of the doctor that was breached. Contrary to other types of negligence cases medical malpractice claims usually involve the existence of an established relationship between the doctor and patient. This is established through things such as doctor’s medical records and phone consultations. In general, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors could also be held accountable for the actions of their employees, such as interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The plaintiff is then required to establish that the defendant did not adhere to the standard of medical care in the circumstances. This can be established through expert testimony on acceptable medical practices and the defendant’s refusal to comply with these standards. The second element of malpractice is that this breach directly harmed the patient. To prove malpractice your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This concept is known as causal proximate. If, for instance the negligent treatment claimed to be negligent could not have had any negative impact on your health, irrespective of whether or not it was performed, you won’t be able claim damages for any injuries, or even wrongful death, that you believe was caused by the behavior Vimeo.Com of the doctor.

Breach of Duty

A doctor who does not fulfill their duty of care towards a client can be held liable for negligence. In order to succeed in a medical negligence claim, the patient must prove four legal elements which include: a duty to provide professional care was in place; the physician breached this duty; the breach caused injury; and the result was a cause of damages. The standard of care is the main aspect in a medical malpractice case, and is established by expert testimony. The standard of care is defined as what a “reasonably prudent” doctor would do in the same or similar circumstances.

A physician is in breach of this duty when he or she deviates from standard care while treating the patient. If a physician fractures the arm of a patient the doctor may fail to cast the arm correctly. A doctor’s error can cause the injured arm to heal incorrectly. This can lead to either a complete or partial loss of use, as well as financial damages.

In most instances, medical malpractice claims are filed with state trial courts. However in certain circumstances federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of state courts that specialize in these cases, though they follow different court procedures than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by a physician fails to fulfill their obligation to not cause harm. A medical malpractice claim could occur when a physician opts to carry out a procedure that is associated with risks and the patient would not have opted out of the procedure if fully informed of the possible consequences.

The plaintiff in a medical negligence case must prove that the physician failed to follow accepted guidelines for practice, and that this negligence was a direct cause for the illness or injury the patient suffered and that the harm could not have occurred except due to the negligence of the doctor. This burden of proof is also 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.

Legal actions claiming medical malpractice typically include expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, the attorneys on both sides spend considerable time and resources in preparing for the issue. This is why malpractice lawsuits are costly for both the plaintiff and physician involved. It is one of the primary reasons why doctors and health care organizations support efforts to change tort laws in the United States.

Damages

Victims can be awarded punitive or compensatory damages depending on the type of medical malpractice. Compensatory damages compensate the patient for the financial losses or expenses caused by the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages could include compensation for mental and physical stress.

Medical malpractice claims are usually filed in a state court of trial. However, there are instances where a lawsuit can be filed in federal court. This is usually the case where a physician is employed by a federally-funded clinic like the Veteran’s Administration, or where 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 mostly adversarial and involve significant legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of medical negligence could also have to go through a jury trial and may be in danger that their claim will be rejected by a judge or dismissed by a juror.

You must prove that medical negligence or error was the cause of your injury to be able to make a claim for medical malpractice. The injury must be severe enough to warrant a monetary award that would cover your financial losses as well as emotional distress. New York medical malpractice law also has specific damages caps and limits on the amount an individual patient could be awarded when they are successful in bringing claims.