20 Inspirational Quotes About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They can increase insurance costs and may alter the way doctors practice.

In general doctors owe patients the obligation to adhere to the accepted medical practices, without deviation or omission. This is referred to as the standard of care.

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

Duty of Care

The first element in a medical malpractice case is that the injured person was owed a doctor's duty that was violated. As opposed to other types cases medical malpractice claims typically involve the existence of the relationship between a doctor and patient, which could be established through documents such as doctor's medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

However, doctors may also be liable for the negligence of their staff members, such as assistants or 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 adhere to the standard of care in the specific circumstances. This can only be proven by experts' testimony regarding acceptable medical practices and the defendant's failure comply with these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove this your lawyer must demonstrate an immediate cause and effect between the defendant's breach of duty and your injury or your loved one's untimely death. This is referred to as proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative impact on your health regardless whether it was executed or not, then you wouldn't be able to recover damages for any injuries or wrongful deaths that were believed to have been resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient may be held accountable for negligent behavior. In order to win a medical malpractice lawsuit, the injured party must prove four things: that there was a duty of medical care and the physician violated the obligation and the breach resulted in injury, and that the injury caused damage. The first element of a medical malpractice claim is the standard of care that is determined by expert testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would do in the same or similar circumstances.

The breach of this duty occurs when he deviates from the standard of care in providing treatment to the patient. If a physician fractures the arm of a patient, they may not be able to cast the arm correctly. A doctor's breach causes the injured arm to heal incorrectly. This could result in either a complete or partial loss of use, and monetary damages.

Medical malpractice cases are filed in state trial courts, although under certain circumstances federal courts are also able to be able to hear these cases. The 94 federal districts courts across the United States each have a judge and jury panel that is responsible for hearing these cases. A majority of states have special state courts that deal with the cases, although they have different rules of procedure than federal district courts.

Causation

A patient could be entitled compensation for any damages suffered by the doctor fails to meet their obligation to avoid harm. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure that has risks and the patient would have declined the procedure if fully informed of the possible consequences.

The plaintiff in a medical negligence case must prove that the doctor failed to adhere to accepted standards of practice, that this failure was the primary cause of the injury or illness that the patient was suffering from and that the injury could not have occurred except due to the negligence of the doctor. This burden of proof, referred to as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witnesses and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the issue. This is why malpractice lawsuits can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons why doctors and health care organizations support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can recover compensatory and punitive damages. Compensation damages are awarded to patients for the financial losses and expenses resulted from the negligence of the doctor like loss of income or the cost of future medical malpractice attorneys treatments. Non-economic damages are compensation for physical pain and mental stress.

Medical malpractice lawsuits are typically filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. It's usually the case when doctors are employed by a federally-funded medical clinic, like the Veteran's administration or when the doctor is a resident of another country but is practicing in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits claiming medical malpractice are generally adversarial and involve an extensive legal discovery. This includes written interrogatories, depositions as well as requests for documents. The victims of alleged medical negligence could also have to endure a jury trial and may be in danger of their claim being rejected by a court or dismissed by a juror.

In order to win a medical negligence claim, attorneys you must prove that the error attorneys or negligence of a medical malpractice attorneys professional caused your injury. The harm must be serious enough that a financial award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has specific damage caps, and other limitations on the amount patients can be awarded if they successfully make an claim.