20 Trailblazers Leading The Way In Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as an actual threat. They could increase the cost of insurance for doctors and also alter the medical practice.

In general doctors owe their patients the duty to uphold accepted medical practices without deviation or exclusion. This is known as the standard of care.

To sue a doctor over malpractice, a patient must demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The first aspect of a claim for medical malpractice is that the injured party was owed a duty by the doctor who was not fulfilled. Contrary to other types of negligence cases medical malpractice claims typically require the existence of a relationship between doctor and patient. This could be established through documents 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.

Doctors may be held accountable for the negligence or incompetence of their staff members, like assistants or interns. They could also be held responsible for the actions of emergency personnel who are under their supervision.

The next thing a plaintiff needs to establish is that the defendant did not meet the standards of care in the particular circumstances. This can only be proven by expert testimony on acceptable medical practices, and the defendant's refusal to adhere to these guidelines. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove malpractice the lawyer you hire to prove that the breach of duty by the defendant directly caused your injury or death of a loved one. This is referred to as proximate causation. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse effect on your health regardless whether it was performed or not, you won't 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 meet his or her obligation of professional care to a patient could be held accountable for negligence. In order to be successful in a medical malpractice claim, the patient must prove four legal aspects that a duty of care or professional care was in place and the doctor breached this duty; the breach caused injury; and the injury led to damages. The standard of care is the first component in a medical negligence case, and it is determined by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician is in breach of this duty in the event that he or she departs from the standard of care when treating the patient. For instance, when a doctor breaks a patient's arm, 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 improperly, which results in partial or full loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, but under certain conditions federal courts can also take on these cases. The 94 federal districts courts across the United States each have a jury panel with a judge who hears these cases. Many states have a distinct system of state courts that handle these issues. They do however, follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled compensation for damages if the doctor Attorney fails to meet their duty to do no harm. A medical malpractice claim may be brought up when a doctor decides to perform a procedure that carries known risks, and the patient would have opted to not undergo the procedure if fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor did not comply with accepted standards of practice, that this negligence was a direct cause for the injury or illness that the patient suffered and that the harm would not have occurred but due to the negligence of the doctor. This burden of proof is also known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. Whether the case is settled or goes to trial, attorneys on both sides spend substantial time and resources in preparation for the issue. This is the primary reason why malpractice claims are so costly to both the patient and the doctor involved, and is one of the main reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes income loss and future medical costs. Non-economic damages may include the payment of physical and mental anxiety.

Medical malpractice lawsuits are filed in state trial courts. However, there are certain situations in which a lawsuit may be filed in federal court. This is usually the case when a doctor is employed at a federally funded clinic such as the Veteran's Administration, or where the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

medical malpractice attorney malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. Victims of alleged medical negligence also may have to endure the stress of the jury trial, and possibly be at risk of being rejected by a judge, or dismissed by jurors.

You must prove that medical negligence or error was the cause of the injury you suffered to win a claim for medical malpractice. The injury must be serious enough to warrant a monetary payment that will compensate you for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damages caps and limits on the amount an individual patient could be awarded should they be successful in filing an claim.