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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can raise insurance costs for doctors and also alter the way they practice medicine.

In general, doctors owe patients the obligation to follow the accepted medical malpractice lawsuit practice 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 demonstrate each of the following legal elements with a preponderance of evidence: breach of duty; breach of that obligation; causation; damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was bound by a duty of the doctor who was not fulfilled. Contrary to other types of negligence cases, medical malpractice claims often involve the existence of the relationship between a doctor and patient, which can be established by means like doctor's records or telephone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors could be held accountable for the actions of their employees, such as interns or assistants. They can also be held responsible for the actions of emergency personnel who are under their supervision.

The next element that a plaintiff must prove is that the defendant did not meet the standards of care in the specific circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's reluctance to adhere to these standards. The other element is that the breach directly affected the patient. To prove this, your lawyer must show that there is a direct link and causal relationship between the defendant's omission of duty and your injuries or loved one's wrongful death. This is referred to as the proximate cause. For instance, if the negligent treatment claimed to be negligent was not able to have an adverse effect on your health, irrespective of whether or not it was performed, you won't be able claim damages for any injuries or death, that were allegedly caused by the doctor's actions.

Breach of Duty

A doctor who does not fulfill their duty of care towards a client can be held accountable for negligence. In order to prevail in a medical malpractice case, the victim must prove four legal elements that a duty of professional care was in place and the doctor breached this obligation; the breach led to injury; and the injury led to damages. The first element of a medical malpractice claim is the standard of care which is determined through experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in the same or similar circumstances.

A doctor is in violation of this obligation when he or she strays from the standard of care when treating the patient. For example, 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 physician's failure to perform 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, although under limited circumstances federal courts may be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Most states have a specialized system of state courts that handle the issues. However, they are subject to different rules for 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 not cause harm. A medical malpractice claim may also arise when a doctor decides to perform a procedure that carries known risks, and the patient would not have opted out of the procedure if fully aware of all potential consequences.

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

Lawsuits alleging medical malpractice often include expert witnesses and lengthy pretrial discovery processes. In the event that the case settles or goes to trial, the attorneys from both sides spend considerable time and resources in preparing for the case. This is the reason why malpractice claims are costly for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health care organizations support efforts to reform tort laws in the United States.

Damages

Depending on the type of medical negligence, victims can seek compensatory or punitive damages. Compensation damages compensate the victim for the financial losses or expenses caused by 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 court of trial. There are instances when 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 Veterans Administration or when the doctor is a resident of another country, but is working in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are mostly adversarial and involve significant legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice could also be subject to the stress of a jury trial and potentially be at risk of being rejected by a judge or rejected by a 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 severe enough that a financial award will significantly compensate for your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have damages caps and other limitations on the amount which can be awarded to a person who is successful in bringing a claim.