Write About Everything

Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can increase the cost of insurance for doctors and alter the medical practice.

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

To successfully sue a doctor for malpractice, an aggrieved patient must demonstrate each of the following legal elements by a preponderance of the evidence: breach of duty, causation, and damages.

Duty of Care

The first aspect of a claim for medical malpractice is that the injured party was bound by a duty of the doctor that was breached. Medical malpractice cases differ from other negligence cases because they often involve a physician-patient relationship, which can be established through things like doctor’s records or telephone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors may also be liable for the negligence of their staff members, like interns or assistants. Additionally, they can be held accountable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standard of care in the circumstances. This is only proven through expert testimony on acceptable medical practices, and the defendant’s refusal to adhere to these guidelines. The other element is that the breach directly affected the patient. To prove this your lawyer must establish an immediate cause and effect between the defendant’s breach of duty and your injury, or your loved one’s wrongful death. This is referred to as proximate cause. If, for instance, the alleged negligent treatment was not able to have an adverse effect on your health, irrespective of whether or not it was done in a way that was harmful, you will not be able to claim damages for any injuries or death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A doctor who fails to fulfill their duty of care to the client could be held responsible for negligence. In order to win a medical malpractice lawsuit the plaintiff must prove four elements: that there was a duty of medical care and that the doctor breached the obligation and that the breach resulted in injuries, and then the injury resulted in damages. The standard of care is the main component in a medical negligence case, and it is determined by expert testimony. The standard of care is the amount a “reasonably cautious” doctor would do under similar or identical circumstances.

A physician breaches this duty when he or she strays from the standard of care when treating the patient. If a doctor fractures the arm of a patient they may not be able to cast it correctly. A breach by a doctor can make the injured arm to heal incorrectly. This can lead to an incomplete or total loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations, 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 glen carbon medical malpractice lawyer malpractice cases. The majority of states have specialized state courts that handle the cases, although they have different rules of procedure than federal district courts.

Causation

A patient could be entitled to compensation for the damages caused if doctors fail to fulfill their obligation to avoid harm. A medical malpractice claim could also arise if the doctor administers a procedure with known risks, and the patient would not have agreed to the procedure had they been fully informed.

In a lawsuit for medical malpractice the plaintiff must demonstrate 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 but due to the negligence of the doctor. This burden of proof, known as “preponderance” of the evidence, is less demanding than “beyond reasonable doubt” which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, attorneys on both sides spend an enormous amount of time and effort preparing for the trial. This is the reason why malpractice claims are costly for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health care organizations support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages are compensation for physical pain as well as mental stress.

Medical malpractice claims are usually filed in a state trial court. However, there are situations where a lawsuit can be filed in federal court. This is typically the case where a physician is employed by a federally funded facility, such as the Veteran’s Administration, or when the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are largely adversarial in nature and involve significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence may also be required to stand trial before a jury and risk the possibility of their claim being denied by a judge or dismissed by a jury.

You must prove that medical negligence, or error caused your injury to win an action for medical malpractice. The harm must be serious enough that a monetary award is sufficient to cover your financial losses as well as emotional stress. Furthermore, New York medical malpractice laws have certain damage caps, as well as other limitations on the amount which can be awarded to a person who successfully makes a claim.