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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and feared threat for physicians. They could increase the cost of insurance for doctors as well as alter the medical practice.

In general, doctors owe patients the duty to uphold the accepted medical practices, without deviation or medical Malpractice exclusion. This is referred to as the «standard of care.

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

Duty of Care

The primary element of a medical malpractice claim is that the injured party was bound by a duty of the doctor that was not met. Unlike some types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This can be established by means like doctor’s records or telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors may also be held liable for the negligence or incompetence of their staff, like assistants or interns. In addition, they could be held liable for the actions of emergency medical personnel under their supervision.

The next element that a plaintiff has to prove is that the defendant failed to meet the standard of care in the specific circumstances. This element is only able to be proved through expert testimony on acceptable medical practices, and the defendant’s inability to comply with these standards. The second aspect is that the breach directly injured the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant’s breach of duty directly caused your injury or death of a loved one. This is known as proximate reason. If, for instance, the alleged negligent treatment was not able to have a negative effect on your health, irrespective of whether or not it was done, you won’t be able claim damages for any injuries, or even wrongful death that was believed to be caused by the doctor’s conduct.

Breach of Duty

Physicians who fail to fulfill their obligation of professional care to a patient may be held accountable for negligence. In order to prevail in a medical malpractice case, the victim must prove four legal aspects that a duty of care or professional care was breached and the doctor breached this obligation; the breach led to injury; and the injury was a cause of damages. The primary element of a medical malpractice claim centers around the standard of care which is determined by expert testimony. The standard of care is the amount a «reasonably prudent» doctor would do under similar or similar circumstances.

A physician breaches this duty when he or she deviates from the normal care of the patient. If a physician fractures the arm of a patient they may not be able to cast the arm correctly. The doctor’s lapse in obligation causes the broken part to heal improperly, which results in the complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Many states have a distinct system of state courts that handle these issues. However, they are subject to different rules of court procedures than federal district courts.

Causation

Physicians swear to not cause harm, and if they fail in their duty to uphold this duty and cause harm, the patient may be entitled to compensation for any damages. A medical malpractice claim may occur when a physician opts to carry out a procedure that has risks and the patient would not have opted out of the procedure if they had been fully informed of all possible consequences.

The plaintiff in a medical malpractice case must show that the doctor did not comply with accepted guidelines for practice, and that the failure was the primary cause of the illness or injury the patient was suffering from, and that the injury could not have occurred except due to the negligence of the doctor. This burden of proof, referred to as «preponderance» of evidence is less burdensome than «beyond reasonable doubt» required to convict criminal defendants.

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery proceedings. If the case settles or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the issue. This is why malpractice cases can be expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health organizations are in favor of efforts to reform the tort laws in the United States.

Damages

Victims can receive punitive or compensatory damages depending on the nature of medical malpractice. Compensation damages are awarded to patients for financial losses and costs caused by the negligence of a physician for example, loss of income or expense of future medical treatment. Non-economic damages are compensation for physical pain as well as mental anguish.

Medical malpractice claims are usually filed in a state trial court. However, there are situations where a lawsuit can be filed in federal court. It is usually the case when a doctor is employed by a federally-funded medical malpractice lawsuits clinic like the Veteran’s administration, or when the doctor is a resident of other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are mostly adversarial and involve extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical malpractice might also have to deal with the stress of an open jury trial and could risk having their claim dismissed by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury must be serious enough to warrant a financial payment that will compensate you for your financial losses as well as emotional trauma. Additionally, New York medical malpractice laws provide for damage caps and other limits on the amount which can be awarded to a person who is successful in bringing a claim.