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Four Elements of a Medical Malpractice Case

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

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

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

Duty of Care

The first element of a medical malpractice claim is that the party who suffered was legally obligated by the doctor that was violated. Contrary to other types of negligence cases, medical malpractice claims often require a physician-patient relationship, which can be established through things like medical records and telephone consultations. In general, doctors who treat patients must adhere to accepted guidelines in their field and practice.

However, doctors could be held accountable for the actions of their staff members, such as assistants or interns. In addition, they may be held liable for the actions of emergency medical personnel who are under their supervision.

The next element that a plaintiff has to prove is that the defendant did not meet the standard of care in the specific circumstances. This can only be proven by expert testimony regarding acceptable medical practices and the defendant's failure adhere to these standards. The second element of malpractice is that the breach directly harmed the patient. To prove malpractice, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the death of your loved one. This concept is known as the proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative effect on your health irrespective whether it was executed or not, you won't be able to claim damages for any injuries or deaths that were caused by the conduct of the physician.

Breach of Duty

A physician who fails to fulfill their obligation of professional care to a patient can be held accountable for negligent behavior. 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 breached and the doctor violated this obligation; the breach led to injuries; and the damage resulted in damages. The primary element of a medical malpractice claim revolves around the standard of care which is determined by expert testimony. The standard of care is the amount an "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's violation of this duty is when he or she violates the standard of care while giving treatment to the patient. For instance, when a doctor breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. The doctor's infraction of this duty causes the injured arm to heal incorrectly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts, however under certain circumstances 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 will hear medical malpractice cases. Most states have state courts that are specialized to handle these matters, albeit with different rules of court procedure than federal district courts.

Causation

Physicians take an oath to protect their patients and when they fail to fulfill that duty and cause injury the patient could be entitled to compensation for the damages. A medical malpractice claim may be brought up when a doctor decides to perform a procedure that has risks and the patient would have opted to not undergo the procedure if they had been fully informed of the possible consequences.

The plaintiff in a medical malpractice case must prove that the physician did not act in accordance with accepted standards of practice, that the failure was a direct cause of the injury or illness the patient was suffering from and that the injury could not have occurred if it weren't due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pre-trial discovery hearings. If the case settles or goes to trial, the attorneys from both sides spend significant time and resources preparing for the case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health groups are supportive of efforts to change tort laws in the United States.

Damages

Based on the nature of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for the financial losses and expenses resulted from the negligence of the doctor for example, loss of income or costs of future medical care. Non-economic damages may include the compensation for physical and mental anguish.

Medical malpractice lawsuits are usually filed in a state court of trial. There are a few instances where the lawsuit may be filed in federal courts. This is typically the case where a doctor works at an institution that is funded by federal funds such as the Veteran's Administration, or when the doctor is from a different country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are mostly adversarial and require significant legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical malpractice might also have to deal with the pressure of an open jury trial and could risk being denied their claim by a judge or dismissed by jurors.

To win a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be significant enough that a financial award is sufficient to cover your financial losses as well as emotional stress. In addition, New York medical malpractice laws have specific damage caps and other limits on the amount that may be awarded to a patient who is successful in filing a claim.