Medical Malpractice Litigation: The Good The Bad And The Ugly

Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They can increase the cost of insurance for doctors as well as alter the practice of medicine.

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

To successfully sue a doctor for malpractice, the patient must prove each of the following legal elements with the preponderance evidence: duty; breach of duty; causation; damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was legally obligated by the doctor who was not fulfilled. medical malpractice law firms malpractice claims differ from other negligence cases in that they typically involve a patient-physician relation, which can be established by things like doctor's records or phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors can also be held responsible for the negligence or incompetence of their staff, including assistants and interns. They may also be held accountable 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 under the circumstances. This is only able to be proved through expert testimony on acceptable medical practices and the defendant's refusal to adhere to these standards. The second element of malpractice is that this breach directly caused harm to the patient. To prove that you have committed a crime, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or death of a loved one. This concept is known as proximate causation. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse effect on your health, regardless of whether it was done or not, you would not be able claim damages for any injuries or deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient can be held accountable for negligent behavior. In order to succeed in a medical negligence case, the injured patient must prove four legal aspects that a duty of professional care was breached; the physician breached this duty; the breach caused injury, and the injury led to damages. The first aspect of a medical malpractice lawsuit revolves around the standard of care which is determined by expert testimony. The standard of care is defined as the things that a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician violates this duty in the event that he or she departs from the standard of care when treating the patient. For example, if the doctor breaks a patient's arm, the doctor isn't able to properly set it or fails to cast the broken arm. A doctor's error can cause the injured arm to heal incorrectly. This can lead to either a complete or partial loss of use, as well as financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However in certain situations, federal courts can also take on these cases. The 94 federal district courts across the United States each have a jury and judge panel that handles these cases. The majority of states have a special system of state courts that deal with the issues. However, they are subject to different rules of court procedures than federal district courts.

Causation

Physicians swear to avoid harm, and if they fail to uphold that duty and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that is associated with risks and the patient could have refused the procedure had they been fully informed of the possible consequences.

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

Medical malpractice lawsuits typically include expert witnesses and lengthy pretrial discovery procedures. Both sides invest a significant amount of time and money prepping for a trial, whether it's settled or goes to court. This is a major reason why malpractice claims are so costly to both the plaintiff and the physician affected, and is one of the reasons that doctors and health care organizations are in favor of reforming tort law in the United States.

Damages

Victims may be awarded compensatory or punitive damages, based on the type of medical malpractice. Compensation damages compensate victims for financial losses and expenses caused by the negligence of a physician for example, loss of income or expense of future medical treatment. Non-economic damages could include the compensation for physical and mental stress.

Medical malpractice claims are generally filed in a state trial court. However, there are instances where a lawsuit can be filed in federal court. This is typically where a physician is employed by a federally-funded clinic, such as the Veteran's Administration, or when the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and require large amounts of legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical negligence also may have to endure the pressure of a jury trial and may face the threat of being rejected by a judge or dismissed by a jury.

To be successful in a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The damage must be severe enough to warrant a monetary payment that will compensate you for your financial losses and emotional trauma. New York medical malpractice law also includes certain damage caps, as well as restrictions on the amount an individual patient could be awarded when they are successful in bringing an appeal.