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Four Elements of a Medical Malpractice Case

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

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

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must prove each of the following legal elements with the preponderance of evidence: breach of duty, breach of duty; causation; damages.

Duty of Care

The first aspect of a medical malpractice lawyer malpractice claim is that the party who suffered was legally obligated by the doctor that was breached. Unlike some types of negligence cases, medical malpractice claims often require the existence of a relationship between doctor and patient. This is established through things such as doctor's medical records and telephone consultations. In general, physicians who treat their patients must adhere to accepted standards in their profession and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff members, for example, assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to meet the standard of care in the particular circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant's refusal to follow these standards. The second element of malpractice is that the breach directly caused injury to the patient. To prove malpractice your lawyer needs to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as causal proximate. For instance, if 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 done, you won't be able get compensation for any injuries, or wrongful death, that you believe was caused by the doctor's actions.

Breach of Duty

A physician who fails to meet his or her obligation of professional care to a patient may be held accountable for negligent behavior. In order to prevail in a medical malpractice case, the victim must prove four legal elements that a duty of care or professional care existed and the doctor violated this duty; the breach caused injury; and the result was a cause of damages. The first aspect of a medical malpractice claim centers around the standard of care which is determined by expert testimony. The standard of care is what an "reasonably prudent" doctor would do under similar or similar circumstances.

A physician is in breach of this duty when he or she deviates from the norm of care while treating the patient. For instance, if the physician 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 arm to heal incorrectly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, however under limited circumstances federal courts may hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Many states have a distinct system of state courts that handle these cases. However, they follow different rules of court procedures than federal district courts.

Causation

Doctors swear to avoid harm, and should they violate the oath and cause injury, a patient may be entitled to compensation for damages. A medical malpractice claim may also arise when a doctor opts to carry out a procedure that has risks and the patient would not have opted out of the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional failed to adhere to accepted guidelines for practice, and that the failure was a direct cause of the injury or illness the patient was suffering from, and that the injury could not have occurred except because of the negligence of a physician. This burden of proof, known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pre-trial discovery hearings. In the event that the case settles or goes to trial, the attorneys on both sides invest an enormous amount of time and effort preparing for the case. This is the primary reason why malpractice claims are so expensive for both the patient and the doctor involved, and it is one of the reasons that physicians and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the kind of medical negligence. Compensatory damages compensate patients for monetary losses and expenses caused by the physician's negligence for example, loss of income or the expense of future medical treatment. Non-economic damages include the compensation for physical and mental anguish.

Medical malpractice claims are usually filed in a state court of trial. There are some situations where the lawsuit may be filed in federal courts. This is usually the situation when a doctor is employed by a federally-funded clinic, like the Veteran's administration or when the doctor is a resident of another country but is practicing in the United States as part of an extraterritorial treaty.

Lawsuits alleging medical malpractice lawyers malpractice are usually adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. Victims of alleged medical malpractice will also have to bear the pressure of a jury trial and may face the threat of having their claim rejected by a judge or rejected by jurors.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a monetary settlement that will cover your financial losses and emotional stress. 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 filing a claim.