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Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a real and feared threat for physicians. They can raise insurance costs and can affect medical practice.

In general, doctors owe patients the duty to uphold the medical standards that are accepted without any deviation or exclusion. This is referred to as the "standard of care.

To sue a physician for malpractice, a patient has to be able to prove the following elements by a preponderance of proof: breach of duty, causation, and damages.

Duty of Care

The most important element of a medical malpractice claim is that the person who was injured was bound by a duty of the doctor that was violated. Unlike some types of negligence cases, medical malpractice claims often require the relationship between a doctor and patient, which could be established through documents such as doctor's medical records and phone consultations. Generally, physicians 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. Additionally, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to satisfy the standard of medical care in the specific circumstances. This can only be proven with expert testimony regarding acceptable medical practices, and the defendant's reluctance to comply with these guidelines. The second element of malpractice is that the breach directly caused injury to the patient. To prove that you have committed a crime the lawyer you hire to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is known as proximate causes. For instance, if an alleged negligent treatment wouldn't have had an adverse effect on your health, regardless of whether it was done or not, you won't be able to win damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A physician who fails to meet their obligation of care to clients can be held responsible for negligence. To prevail in a medical malpractice case, the injured patient must prove four legal elements that a duty of professional care was breached and the doctor breached this obligation; the breach led to injury, and the injury resulted in damages. The first element of a medical malpractice claim is the standard of care which is determined by experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do under similar or similar circumstances.

A physician breaches this duty when he or her deviates from the normal care of the patient. For instance, if a physician breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. A doctor's breach causes the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of usage, and also financial damages.

Medical malpractice cases are brought in state trial courts, although under certain conditions federal courts are also able to 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. Many states have a distinct system of state courts that deal with these cases. However, they follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled compensation for damages if the doctor fails to meet their duty to do no harm. A medical malpractice claim may be brought up when a doctor chooses to perform a treatment that carries known risks, and the patient would have declined the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice case must prove that the doctor failed to comply with accepted standards of practice, that this failure was a direct cause for the illness or injury the patient was suffering from, and that the injury would not have happened but due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery processes. Both parties invest a lot of time and resources in making preparations for a case whether it's settled or if it goes to court. This is one reason why malpractice claims can be so costly to both the plaintiff and the physician affected, and is one of the main reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Victims can receive damages for punitive or compensatory, based on the nature of medical negligence. Compensation damages compensate the victim for the financial loss or expenses caused by the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages include compensation for physical pain and mental anxiety.

Medical malpractice claims are generally filed in a state trial court. However, there are some instances in which a lawsuit may be filed in federal court. This is usually the situation when the doctor is employed by a federally-funded medical clinic such as the Veteran's Administration or when the doctor is from other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and require significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice also may have to endure the stress of an open jury trial and could face the threat of being denied their claim by a judge or rejected by the jury.

To win a medical malpractice claim, you must prove that the medical malpractice attorney error or negligence 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 could be awarded to a person who has a successful claim.