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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and real threat to physicians. They could increase the cost of insurance for doctors and also alter the medical practice.

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

To sue a physician for malpractice, a patient must prove the following elements with a preponderance: duty, breach of duty, causation and damages.

Duty of Care

The most important element of a medical malpractice claim is that the injured party was legally obligated by the doctor that was not met. Unlike some types of negligence cases, medical malpractice claims often involve the existence of an established relationship between the doctor and patient. This can be established by means like medical records and telephone consultations. In general, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The next element that a plaintiff must prove is that the defendant failed to satisfy the standard of medical care under the circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical practices and the defendant’s inability to comply with these guidelines. The second element of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must demonstrate an immediate cause and effect between the defendant’s omission of duty and your injury or your loved one’s untimely death. This concept is known as proximate causation. For example, if the negligent treatment that was alleged to have occurred wouldn’t have had an adverse effect on your health, regardless of whether it was done or not, you would not be able to win damages for any injuries or wrongful deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligence. To prevail in a medical malpractice case, the victim must prove four legal aspects which include: a duty to provide professional care was in place and the physician violated this obligation; the breach led to injury, and the injury led to damages. The first element of a medical malpractice claim revolves around the standard of care which is determined through expert testimony. The standard of care is the amount a “reasonably prudent” doctor would do in similar or 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 a doctor breaks the arm of a patient the doctor does not correctly set it or fails to cast the broken arm. A doctor’s error can cause the injured arm to heal incorrectly. This could result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts, but under limited circumstances, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have a system of state courts that are specialized to handle these cases, though they follow different rules for court procedure than federal district courts.

Causation

Physicians take an oath to protect their patients and should they violate that duty and cause injury the patient could be entitled to compensation for any damages. A medical malpractice claim may occur when a doctor decides to administer a procedure that has risks and the patient would have declined the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice case must show that the doctor failed to act in accordance with accepted guidelines for practice, and that this negligence was a direct cause for the injury or illness the patient was suffering from and that the injury could not have occurred except for the physician’s negligence. This burden of proof is known as the “preponderance of evidence” standard, which is less demanding than the “beyond a reasonable doubt” standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery procedures. If the case settles or goes to trial, attorneys on both sides invest significant time and resources preparing for the matter. This is why malpractice claims can be 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 reform the tort laws in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the type of medical malpractice. Compensation damages compensate victims for financial losses and expenses caused by the negligence of a physician, such as loss of income or the cost of future medical treatments. Non-economic damages include compensation for physical pain as well as mental anxiety.

Medical malpractice claims are usually filed in a state court of trial. There are some situations where a lawsuit can be filed in federal courts. It’s usually the case when doctors are employed by a clinic that is funded by federal funds, like the Veteran’s administration or when the doctor is from another country but practices in the United States as part of a treaty with extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and require an extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Victims of alleged medical malpractice also may have to endure the pressure of a jury trial and potentially be at risk of having their claim dismissed by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional stress. Furthermore, New York medical malpractice laws have damages caps and other limitations on the amount that may be awarded to a person who successfully makes a claim.