Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and significant threat to doctors. They increase insurance costs and can affect the practice of medicine.

In general doctors owe their patients the obligation to follow accepted medical practices without deviation or exclusion. This is called the standard of care.

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

Duty of Care

The first aspect of a medical malpractice claim is that the party who suffered was bound by a duty of the doctor that was not met. Medical malpractice claims are different from other types of negligence claims in that they usually involve a physician-patient relation, which can be established by things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors could be liable for the negligence of their employees, such as assistants or interns. In addition, they could be held accountable for the actions of emergency medical personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to adhere to the standard of care in the particular circumstances. This can be established by expert testimony regarding acceptable monessen medical malpractice law firm practices and the defendant's inability to adhere to these guidelines. The second aspect of malpractice is that the breach directly harmed the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant's omission of duty and your injury, or your loved one's untimely death. This is known as proximate causes. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health, regardless whether it was executed or not, then you wouldn't be able claim damages for any injuries or wrongful deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet their obligation of care to the client could be held liable for negligence. In order to win a medical malpractice case, the victim must prove four legal elements which include: a duty to provide professional care was in place and the physician violated this duty; the breach caused injuries; and the damage was a cause of damages. The standard of care is the primary element in a medical malpractice case, and it's determined by expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or identical circumstances.

The breach of this duty occurs when he/she is not following the standard of care when rendering treatment to the patient. For instance, if the physician breaks a patient's arm and isn't able to properly set it or fails to cast the broken arm. The doctor's infraction of this duty causes the broken arm to heal incorrectly, resulting in the complete or partial loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, although under limited circumstances federal courts can also be able to hear these cases. The 94 federal districts courts across the United States each have a jury and judge panel that hears these cases. The majority of states have a system of specialized state courts that handle the cases, although they have different rules for court procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if medical professionals fail to perform their duty to do no harm. Medical malpractice claims may also arise when a doctor is performing a procedure that has known risks and the patient would not have agreed to the procedure if they had been fully informed.

The plaintiff in a medical malpractice case must prove that the doctor did not comply with accepted standards of practice, that this negligence was the direct cause of the injury or illness that the patient suffered and that the injury could not have occurred if it weren't due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides spend a lot of time and money preparing for a case, whether it's settled or if it is a court case. This is why malpractice cases can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the type of bloomington medical malpractice law firm negligence. 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 expenses. Non-economic damages include compensation for physical pain as well as mental anguish.

Medical malpractice claims are usually filed in a state trial court. However, there are instances where a lawsuit could be filed in federal court. This is typically when a doctor is employed at a federally funded clinic such as the Veterans' Administration, or if the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of medical negligence could also have to go through a jury trial and may be in danger that their claim will be rejected by a judge or dismissed by a juror.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The injury must be significant enough that a cash award will substantially compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has certain damage caps, and other limits on the amount a patient can receive after proving claims.