Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They drive up physician insurance costs and may alter the medical practice.

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

To successfully claim a doctor's malpractice, an aggrieved patient must demonstrate each of the following legal elements with the preponderance evidence: breach of obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person injured was owed a doctor's duty that was breached. Medical malpractice claims differ from other negligence claims in that they typically involve a doctor-patient relationship that can be established by documents from a doctor or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors can also be held liable for the incompetence or negligence of their staff members, including assistants and interns. They may also be held responsible for the actions of emergency personnel under their supervision.

The next element that a plaintiff must prove is that the defendant did not satisfy the standard of medical care under the circumstances. This can only be proven with expert testimony regarding acceptable medical practices and the defendant's refusal to comply with these guidelines. The other element is that the breach directly harmed the patient. To prove malpractice, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or death of a loved one. This is referred to as proximate cause. For instance, if alleged negligent treatment wouldn't have had a negative effect on your health irrespective of whether it was done 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

Physicians who fail to fulfill his or her duty of professional care to a patient could be held accountable for negligence. In order to win a medical malpractice lawsuit the plaintiff must prove four elements: that a duty of care existed, that the physician breached the obligation and that the breach caused injury, and finally resulted in damages. The first aspect of a medical malpractice case centers around the standard of care which is determined by experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's breach of this duty occurs when he/she is not following the standard of care while giving treatment to the patient. For example, if the physician breaks a patient's arm and does not correctly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken part to heal improperly, resulting in a complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice cases are filed with state trial courts. However, in certain circumstances, federal courts can also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hearsges are awarded to patients for the financial losses and expenses resulted from the negligence of the doctor for example, loss of income or cost of future Huron Medical Malpractice Law Firm care. Non-economic damages could include compensation for mental and physical stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are instances where a lawsuit could 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 from another country but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and require significant legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of alleged medical negligence might also have to endure a jury trial and risk the possibility of their claim being denied by a court or dismissed by a jury.

To be successful in a medical malpractice claim, you must show that the medical error or negligence caused your injury. The damage must be serious enough that a financial settlement is sufficient to cover your financial losses and emotional pain. New York medical malpractice law also has specific damages caps, as well as other restrictions on the amount an individual patient could be awarded should they be successful in filing claims.