Four Elements of a Medical Malpractice Case
Physicians worry about malpractice lawsuits as a real threat. They drive up physician insurance costs and can alter the medical practice.
In general, doctors have obligations to their patients to follow accepted medical practices. This is referred to as the standard of care.
To successfully claim a doctor's malpractice, the patient must be able to prove each of the following legal elements by the preponderance evidence: breach of duty; breach of obligation; causation; damages.
Duty of Care
The first element in a medical malpractice case is that the person who was injured was owed a duty of a doctor which was not fulfilled. Medical malpractice claims differ from other types of negligence claims in that they typically involve a patient-physician relationship, which is established by things like doctor's records or phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.
However, doctors could also be held accountable for the negligence of their staff members, like assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.
The next thing that a plaintiff must prove is that the defendant failed to meet the standards of care in the specific circumstances. This can be established by expert testimony regarding acceptable medical practices and the defendant's inability to follow these standards. The other element is that the breach directly injured the patient. To prove that you have committed a crime your lawyer must to show that the defendant's breach of duty directly caused your injury or the death of your loved one. This is referred to as the proximate cause. If, for instance, the negligent treatment you claim to have received could not have had an adverse impact on your health, regardless of whether or not it was performed, you won't be able claim damages for any injuries, or even wrongful death that was believed to be caused by the behavior of the doctor.
Breach of Duty
A doctor who fails fulfill their obligation of professional care to a patient may be held accountable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person 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 injuries; and the damage resulted in damages. The first element of a claim for medical malpractice revolves around the standard of care which is determined by expert testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in the same or similar circumstances.
A physician violates this duty when he or she strays from the norm of care while treating the patient. For instance, if the physician breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken part to heal improperly, which results in partial or full loss of use and monetary damages.
Medical malpractice cases are filed in state trial courts, although under certain circumstances federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. A majority of states have state courts that specialize in these cases, but with different rules of procedure than federal district courts.
Causation
A patient could be entitled to compensation for the damages caused if medical professionals fail to perform their obligation to not cause harm. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure that has risks and the patient would not have opted out of the procedure had they been fully aware of all potential consequences.
The plaintiff in a medical malpractice lawsuit must show that the doctor failed to adhere to accepted guidelines for practice, and that this negligence was the direct cause of the injury or illness that the patient was suffering from and that the harm could not have occurred except because of the negligence of a physician. This burden of proof is known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.
The lawsuits that allege medical malpractice usually involve expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, attorneys from both sides spend an enormous amount of time and effort preparing for the case. This is one reason why malpractice claims are costly for both the plaintiff and the doctor involved, and is one of the main reasons that physicians and health care organizations support efforts to reform tort law in the United States.
Damages
In the event of medical negligence, the victims are able to seek punitive and compensatory damages. Compensatory damages compensate the patient for the financial loss or expenses caused by the negligence of the doctor. This includes the loss of income as well as future medical expenses. Non-economic damages include reimbursement for physical and mental anguish.
Medical malpractice claims are filed in state trial courts. However, there are some instances in which a lawsuit may be filed in federal court. This is typically the situation where a doctor is employed by a federally-funded clinic such as the Veterans' Administration, or where the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of medical negligence might also have to endure a jury trial and are at risk that their claim will be rejected by a judge or
vimeo rejected by a jury.
In order to win a medical negligence claim, you must show that the medical error or negligence caused your injury. The damage must be severe enough to warrant a financial payment that will compensate you for your financial losses and emotional distress. New York
pepper pike medical malpractice law firm malpractice law also has damage caps, as well as restrictions on the amount the patient could receive when they are successful in bringing an claim.
