20 Trailblazers Setting The Standard In Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They can increase insurance costs for doctors and alter medical practice.

In general, doctors are under the obligation to their patients to follow accepted medical practices. This is referred to as the "standard of care.

To sue a doctor over malpractice, the patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The primary element in a medical malpractice case is that the victim was owed a duty by a doctor that was violated. Unlike some types of negligence cases Medical malpractice claims typically require the existence of a physician-patient relationship, which can be established by means like a doctor's records and telephone consultations. In general, doctors who treat patients must adhere to accepted standards in their profession and practice.

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

The plaintiff must then prove that the defendant's actions did not comply with the standard of care under the circumstances. This element can be proven by expert testimony regarding acceptable medical practices and the defendant's inability to follow these standards. The second element of malpractice is that the breach directly caused harm to the patient. To prove this, your lawyer must show the direct causality and impact between the defendant's dereliction of duty and your injury or loved one's death. This is known as proximate reason. For instance, if an negligence alleged by the defendant wouldn't have had an adverse effect on your health, regardless of whether it was done or not, then you wouldn't be able to win damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient can be held accountable for negligence. To win a medical malpractice lawsuit the victim must prove four things: that there was a duty to care and that the doctor breached the obligation and that the breach caused injury, and finally resulted in damages. The standard of care is the most important aspect in a medical malpractice case, and it is determined by the testimony of an expert. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in similar circumstances.

The physician's breach of this obligation is when he or she does not adhere to the standard of care when providing treatment to the patient. For instance, if the physician breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A doctor's breach causes the injured arm to heal incorrectly. This can result in the loss of use, either in whole or in part of use, and monetary damages.

In the majority of cases, medical malpractice claims are filed with state trial courts. However in certain circumstances, federal courts can also consider 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 a system of state courts that are specialized to handle the cases, although they have different court procedures than federal district courts.

Causation

Physicians take an oath to do no harm, and should they violate that duty and cause injury, the patient may be legally entitled to compensation for their losses. A medical malpractice claim could also arise if the doctor administers a procedure with known risks and the patient would not have consented to the procedure if they had been fully informed.

The plaintiff in a medical malpractice case must prove that the physician failed to act in accordance with accepted standards of practice, that the doctor's negligence was the primary cause of the illness or injury the patient was suffering from, and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof is also known as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pre-trial discovery hearings. Whether the case is settled or goes to trial, the lawyers on both sides have to spend an enormous amount of time and effort preparing for the matter. This is why malpractice cases can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health care groups support efforts to reform the tort laws in the United States.

Damages

Depending on the kind of medical malpractice law firm negligence, victims may be able to recover punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and costs caused by the negligence of a physician for example, loss of income or the cost of future medical care. Non-economic damages could include the payment of physical and mental anxiety.

Medical malpractice claims are usually filed in a state trial court. There are a few instances where lawsuits can be filed in federal courts. It is usually the case when a doctor is employed by a federally-funded medical clinic, like the Veteran's administration, or if the doctor is from other country, but practices in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice are largely adversarial in nature and require significant legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. The victims of alleged medical negligence might also have to go through a jury trial, and face the possibility of their claim being denied by a judge, or dismissed by a jury.

To be successful in a medical malfeasance claim, you must prove that the medical error or negligence caused your injury. The injury must be significant enough that a financial settlement is sufficient to cover your financial losses as well as emotional trauma. Additionally, New York medical malpractice laws have certain damage caps, as well as other limitations on the amount which can be awarded to a patient who successfully makes a claim.