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Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They could increase the cost of insurance for doctors and alter medical practice.

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

To successfully claim a doctor's negligence, the patient must show each of these legal elements with a preponderance of the evidence: breach of duty, breach of obligation; causation; damages.

Duty of Care

The most important element of a medical malpractice claim is that the party who suffered was owed a duty by the doctor that was breached. Contrary to other types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which could be established through documents like a doctor's records and telephone consultations. In general, doctors who treat their patients must adhere to accepted standards in their profession and practice.

However, doctors may also be held accountable for the negligence of their employees, such as interns or assistants. They could also be held accountable for the actions of emergency personnel 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 is only able to be proved through expert testimony on acceptable medical practices, and the defendant's reluctance to follow these guidelines. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's dereliction of duty and your injuries or loved one's untimely death. This is called proximate cause. For instance, if negligence alleged by the defendant wouldn't have had a negative impact on your health, regardless whether it was performed or not, you wouldn't be able claim damages for any injuries or wrongful deaths that were caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of care to a client can be held responsible for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of care or professional care was owed and the doctor breached this duty; the breach caused injury; and the result led to damages. The first aspect of a medical malpractice claim centers around the standard of care which is determined through expert testimony. The standard of care is what a "reasonably cautious" doctor would do under similar or similar circumstances.

The physician's breach of this obligation occurs when he violates the standard of care while providing treatment to the patient. For example, if the doctor breaks a patient's arm when he isn't able to properly set it or fails to cast the broken arm. The doctor's infraction of this obligation causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts. However, under certain conditions federal courts are also able to hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a 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 avoid harm. A medical malpractice claim may occur when a physician decides to administer a procedure that has risks and the patient could have refused the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice case must show that the doctor did not act in accordance with accepted guidelines for practice, and that this failure was a direct cause of the injury or illness the patient suffered and that the ailment could not have occurred except because of the negligence of a physician. This burden of proof, referred to as "preponderance" of evidence, is less stringent than "beyond reasonable doubt" required to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, attorneys from both sides spend an enormous amount of time and effort preparing for the matter. This is one reason why malpractice claims can be so expensive for both the patient and the doctor affected, and is one of the main reasons that health care professionals and physicians organizations support efforts to change tort law in the United States.

Damages

Victims can receive damages for punitive or compensatory, based on the type of medical negligence. Compensation damages compensate the victim for the monetary losses or expenses resulting from the doctor's negligence. This includes loss of income and future medical expenses. Non-economic damages include reimbursement for physical and mental anxiety.

Medical malpractice lawsuits are usually filed in a state trial court. There are a few instances where lawsuits can be filed in federal courts. This is typically the case when the doctor is employed by a federally-funded clinic such as the Veteran's Administration or in the case of a doctor who is from another country but practices in the United States as part of an agreement with extraterritorial authority.

Lawsuits alleging medical malpractice are mostly adversarial and require an extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. Victims of alleged medical malpractice will also have to bear the pressure of the jury trial, and possibly face the threat of having their claim dismissed by a judge or dismissed by a jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury must be significant enough that a financial settlement is sufficient to cover your financial losses and emotional trauma. Furthermore, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that could be awarded to a person who successfully makes a claim.