Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can increase the cost of insurance for doctors and also alter the way they practice medicine.

In general, doctors have a duty to their patients to follow accepted medical practices. This is referred to as the standard of care.

To successfully claim a doctor's negligence, the patient must prove each of the following legal elements using the preponderance evidence: breach of duty, breach of that duty; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a duty by a doctor that was violated. Medical malpractice cases differ from other types of negligence claims in that they often involve a physician-patient relation, which can be established by things like doctor's records or phone consultations. Generally, physicians who treat patients must follow the standards that are accepted in their profession and practice.

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

The next element a plaintiff needs to establish is that the defendant did not satisfy the standard of medical care in the particular circumstances. This element is only proven through expert testimony about acceptable east moline medical malpractice law firm practices, and the defendant's refusal to follow these standards. The second element of malpractice is that this breach directly caused injury to the patient. To prove that you have committed a crime, your lawyer will need to show that the defendant's breach of duty directly caused your injury or death of your loved one. This concept is known as the proximate cause. If, for example, the alleged negligent act could not have had an adverse impact on your health, regardless of whether or not it was done in a way that was harmful, you will not be able to win damages for any injuries, or wrongful death, that you believe was caused by the doctor's conduct.

Breach of Duty

Physicians who fail to perform their duty of professional care to a patient could be held accountable for negligent behavior. In order to win a medical negligence lawsuit the person who suffered must prove four things: that there was a duty of medical care and the doctor breached the obligation and that the breach resulted in injury, and that the injury resulted in damages. The first element of a medical malpractice claim is the standard of care which is determined through experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in the same or similar circumstances.

The physician's breach of this duty occurs when he is not following the standard of care when rendering treatment to the patient. If a physician fractures the arm of a patient, they may not be able to cast the patient correctly. A doctor's breach causes the broken arm heal incorrectly. This could result in a partial or complete loss of use, as well as financial damages.

In the majority of instances, medical malpractice claims are filed with state trial courts. However in certain circumstances, federal courts can also take on these cases. The 94 federal district courts across the United States each have a jury panel with a judge who hears these cases. Most states have a specialized system of state courts that deal with these cases. They do however, follow different rules for court procedures than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail in their duty to uphold this obligation and cause injury, the patient may be legally entitled to compensation for their losses. Medical malpractice claims can also arise when a doctor opts to carry out a procedure which has known risks and the patient could have refused the procedure had they been fully aware of all potential consequences.

In a case of medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This breach was the sole cause of any illness or injury suffered by the patient and the injury could not have occurred but due to the negligence of the doctor. The burden of proof, referred to as "preponderance" of the evidence, is less arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

philadelphia medical malpractice attorney malpractice lawsuits often involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a lot of time and resources in prepping for a trial, whether it is settled or goes to court. This is the reason why malpractice claims can be costly for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensatory damages pay for the financial losses and expenses resulted from the negligence of the doctor like loss of income or costs of future medical care. Non-economic damages could include the compensation for physical and mental anxiety.

Medical malpractice lawsuits are usually filed in a state court of trial. There are certain situations in which an action can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded medical 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 extraterritorial treaty.

Lawsuits alleging medical malpractice are generally adversarial and require significant legal discovery. This includes depositions, written interrogatories and requests for production of documents. The victims of medical negligence could also have to stand trial before a jury, and face the possibility of their claim being denied by a judge, or dismissed by a juror.

You must establish that medical negligence or mistake caused your injury in order to be awarded a case for Smiths Station Medical Malpractice Lawyer negligence. The harm must be serious enough that a cash award will substantially compensate for your financial losses as well as emotional distress. Additionally, New York medical malpractice laws have certain damage caps as well as other limits on the amount that can be awarded to a patient who is successful in filing a claim.