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Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They can raise insurance costs for doctors as well as alter the medical practice.

In general doctors owe patients a obligation to adhere to the accepted medical practices, without any deviation or the slightest omission. This is referred to as the standard of care.

To sue a doctor for malpractice, a patient has to be able to prove the following elements by a preponderance of proof: 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 violated. Contrary to other types of negligence cases medical malpractice claims usually require the existence of the relationship between a doctor and patient, which can be established through things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to accepted standards of their profession and practice.

However, doctors could be liable for the negligence of their staff members, like assistants or interns. They may also be held accountable for the actions of emergency personnel under their supervision.

The next element that a plaintiff must prove is that the defendant failed to adhere to the standard of care in the particular circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to follow these guidelines. The second factor is that the breach directly affected the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's breach of duty and your injury or loved one's untimely death. This is referred to as the proximate cause. If, for example, the negligent treatment you claim to have received was not able to have an adverse effect on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries, or even wrongful death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A physician who fails in their duty of care towards a client can be held responsible for negligence. In order to win a medical malpractice suit the plaintiff must establish four elements: there was a duty of care and the doctor breached the obligation, that the breach caused injuries, and then the injury resulted in damages. The primary element of a medical malpractice lawsuit revolves around the standard of care which is determined by experts' testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.

A physician violates this duty in the event that he or she departs from the norm of care while treating the patient. For instance, when a doctor breaks the arm of a patient the doctor is not able to properly set the arm or fails to cast the broken arm. The doctor's breach of this obligation causes the broken part to heal improperly, which results in partial or full loss of use and subsequent monetary damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances federal courts can be able to hear these cases. The 94 federal districts courts across the United States each have a jury and judge panel that is responsible for hearing these cases. A majority of states have a system of state courts that deal with these matters. However, they are subject to different rules of court procedure than federal district courts.

Causation

Physicians swear to do no harm, and should they violate the oath and cause injury patients may be entitled to compensation for damages. A medical malpractice lawsuit could also arise when a doctor decides to perform a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician did not follow accepted guidelines for practice, and that the failure was the primary cause of the injury or illness the patient suffered and that the injury would not have occurred but because of the negligence of a physician. This burden of proof is known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, the attorneys on both sides spend substantial time and resources in preparation for the matter. This is why malpractice cases are costly for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can recover compensatory and punitive damages. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages can include the compensation for physical and mental suffering.

Medical malpractice claims are generally 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 federally-funded medical clinic such as the Veteran's Administration or when the doctor is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of medical malpractice could also be subject to the stress of a jury trial and may risk being denied their claim by a judge, or dismissed by a jury.

You must prove that medical negligence or error was the cause of your injury in order to be awarded a case for medical negligence. The injury must be significant enough that a cash award is sufficient to cover your financial losses and emotional stress. New York medical malpractice law also includes certain damage caps, as well as limits to the amount that a patient can receive should they be successful in filing an appeal.