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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They can increase the cost of insurance for doctors and alter the way they practice medicine.

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

To sue a physician over malpractice, the patient must demonstrate the following elements with a majority: breach of duty, duty of duty, causation, and damages.

Duty of Care

The primary element of a claim for medical malpractice is that the party who suffered was obliged to perform a duty by the doctor that was violated. Medical malpractice claims differ from other negligence cases in that they usually involve a physician-patient relationship, which is established through things like doctor’s records or telephone consultations. In general, doctors who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors can also be accountable for the wrongful actions of their staff members, such as assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel working under their supervision.

The plaintiff has to prove that the defendant did not comply with the standard of care under the circumstances. This element can only be proven with expert testimony about acceptable medical practices, and the defendant’s failure follow these guidelines. The other element is that the breach directly harmed the patient. To prove malpractice, your lawyer will need to show that the breach of duty by the defendant directly caused your injury or the death of a loved one. This is referred to as the proximate cause. For instance, if the negligent treatment claimed to be negligent did not have an adverse effect on your health, irrespective of whether or not it was done or not, you aren’t able to claim damages for any injuries, or even wrongful death that was allegedly caused by the doctor’s actions.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient can be held accountable for negligent behavior. In order to be successful in a medical malpractice claim, the patient must prove four legal elements: a duty of professional care existed and the doctor violated this obligation; the breach led to injury; and the injury resulted in damages. The standard of care is the first element in a medical malpractice case, and it is determined by expert testimony. The standard of care is defined as the things that a “reasonably prudent” doctor would do in similar circumstances.

A doctor is in violation of this obligation in the event that he or she departs from the normal care of the patient. For instance, if the doctor breaks a patient’s arm and does not correctly set it or fails to cast the broken arm. The doctor’s breach of this duty causes the broken arm to heal improperly, which results in the complete or partial loss of use, and further financial damages.

Medical malpractice cases are brought in state trial courts, however under limited circumstances federal courts may take on these cases. The 94 federal district courts across the United States each have a judge and jury panel that handles these cases. The majority of states have state courts that are specialized to handle these cases, though they follow different rules of court procedure than federal district courts.

Causation

Physicians swear to protect their patients and if they fail in their duty to uphold this obligation and cause injury patients may be entitled to compensation for the damages. A washington medical malpractice law firm malpractice claim can also arise when the physician performs a procedure that is associated with known risks, and the patient would not have agreed to the procedure had they been fully informed.

The plaintiff in a doraville medical malpractice Lawsuit malpractice lawsuit must prove that the medical professional did not act in accordance with accepted standards of practice, that the failure was the primary cause of the injury or illness the patient was suffering from and that the harm would not have happened but for the physician’s negligence. 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 usually involve expert witness testimony and long discovery procedures prior to trial. Both sides spend a lot of time and money making preparations for a case whether it’s settled or if it goes to court. This is a major reason that malpractice claims are costly to both the plaintiff and the physician involved, and it is one of the main reasons that physicians and health care groups are a part of efforts to reform tort law in the United States.

Damages

Depending on the kind of medical negligence, the victims can recover compensatory and punitive damages. Compensatory damages compensate patients for financial losses and expenses caused by the negligence of a physician which includes loss of income or the cost of future medical treatments. Non-economic damages include the compensation for physical pain and mental distress.

Medical malpractice lawsuits are filed in state trial courts. There are some situations where lawsuits can be filed in federal courts. It’s usually the case when a doctor is employed by a federally-funded clinic such as the Veterans Administration or in the case of a doctor who is from another country, but is working in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Patients who are accused of medical malpractice also may have to endure the pressure of a jury trial and may be at risk of having their claim dismissed by a judge or rejected by a jury.

You must prove that medical negligence, or error caused your injury to win an action for medical malpractice. The injury must be significant enough that a cash award will substantially compensate for your financial losses and emotional distress. New York medical malpractice law also has certain damages caps, as well as other limitations on the amount a patient can receive when they are successful in bringing claims.