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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and serious threat to doctors. They drive up physician insurance costs and may alter the medical practice.

In general doctors owe patients a obligation to follow the accepted medical practices, without any deviation or exclusion. This is known as the standard of care.

To successfully sue a doctor for malpractice, an aggrieved patient must demonstrate each of the following legal elements using the preponderance of evidence: breach of duty, breach of that duty; causation; damages.

Duty of Care

The first aspect of a medical malpractice claim is that the victim was legally obligated by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of a relationship between doctor and patient. This could be established through documents like doctor's records or telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

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

The next thing that a plaintiff must prove is that the defendant did not meet the standards of care in the circumstances. This can be proved by expert testimony regarding acceptable medical procedures and the defendant's failure to comply with these guidelines. The second factor is that the breach directly injured the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's dereliction of duty and your injury or loved one's wrongful death. This is called proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health, regardless of whether it was done or not, you would not be able to win damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A doctor who does not fulfill their duty of care to the client may be held accountable for their negligence. In order to prevail in a medical malpractice claim, the patient must prove four legal elements which include: a duty to provide professional care existed and the doctor breached this obligation; the breach led to injuries; and the damage led to damages. The primary element of a medical malpractice claim is the standard of care which is determined through expert testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar circumstances.

The physician's violation of this duty occurs when he/she violates the standard of care while providing treatment to the patient. For instance, when a physician breaks the arm of a patient the doctor does not correctly set it or fails to cast the broken arm. The physician's failure to perform this duty causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are filed in state trial courts, however under limited circumstances federal courts may 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. A majority of states have a system of state courts that specialize in these matters, albeit with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for any damages suffered by a physician fails to fulfill their obligation to avoid harm. A medical malpractice claim may occur when a doctor decides to perform a procedure which has known risks and the patient could have refused the procedure if fully aware of all potential consequences.

The plaintiff in a medical malpractice case must prove that the medical professional did not follow accepted guidelines for practice, and that the doctor's negligence was a direct cause for the injury or illness the patient suffered and that the ailment could not have occurred if it weren't for the physician's negligence. The burden of proof, also known as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, the attorneys from both sides spend significant time and resources preparing for the matter. This is a major reason why malpractice claims are so costly to both the plaintiff and the medical professional involved. It is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

In the event of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages compensate the patient for the monetary losses or costs resulting from the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages include the payment of physical pain and mental stress.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are certain situations where a suit could be filed in federal court. This is typically the case when a doctor is employed by a federally funded clinic, like the Veteran's administration, or in the case of a doctor who is from another country, but is working in the United States as part of a treaty with extraterritorial authority.

Lawsuits alleging medical malpractice are generally adversarial and involve extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the stress of an open jury trial and could be at risk of being rejected by a judge, or dismissed by the jury.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be serious enough to warrant a monetary award that covers your financial losses and emotional stress. In addition, New York medical malpractice laws provide for damage caps as well as other limits on the amount that may be awarded to a person who is successful in filing a claim.