Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can increase insurance costs and could alter the way doctors practice.

In general, doctors are under an obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.

To successfully bring a lawsuit against a doctor who has committed malpractice, an aggrieved patient must prove each of the following legal elements with a preponderance of the evidence: breach of duty, breach of duty; causation; and damages.

Duty of Care

The first element of a claim for medical malpractice is that the injured party was obliged to perform a duty by the doctor that was not met. Medical malpractice claims are different from other negligence claims in that they often involve a physician-patient relationship, which is established by documents from a doctor or phone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff, such as interns or assistants. In addition, they may be held liable for the actions of emergency medical personnel working under their supervision.

The plaintiff must then demonstrate that the defendant did not conform to the standard of care in the circumstances. This is only proven through experts' testimony regarding acceptable medical practices and the defendant's failure comply with these standards. The second aspect of malpractice is that the breach directly caused harm to the patient. To prove that you have committed a crime, your lawyer will need to prove that the defendant's breach of duty directly caused your injury or the death of a loved one. This is known as proximate reason. For instance, if the negligence alleged by the defendant wouldn't have had a negative effect on your health regardless whether it was executed or not, then you wouldn't be able to win damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A physician who fails to meet their duty of care to clients can be held accountable for their negligence. To win a medical malpractice case, the injured party must demonstrate four elements: that there was a duty of care and the doctor breached the duty and the breach resulted in injuries, and then the injury caused damage. The first element of a medical malpractice claim revolves around the standard of care which is determined by experts' testimony. The standard of care is defined as what an "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this duty occurs when he or she does not adhere to the standard of care while providing treatment to the patient. If a doctor fractures the arm of a patient they may not be able to cast the arm correctly. The doctor's breach of this obligation causes the broken arm to heal incorrectly, resulting in the complete or partial loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts, however under limited circumstances federal courts may take on these cases. The 94 federal district courts across the United States each have a judge and jury panel that hears these cases. The majority of states have state courts that specialize in these cases, but with 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 prevent harm. A medical malpractice claim could occur when a physician chooses to perform a treatment that is associated with risks and the patient would not have opted out of the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical negligence case must prove that the physician failed to comply with accepted guidelines for practice, and that the doctor's negligence was a direct cause of the injury or illness that the patient was suffering from and that the harm would not have happened but because of the negligence of a physician. The burden of proof, referred to as "preponderance" of the evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits usually involve expert witness testimony and lengthy discovery procedures prior to trial. If the case settles or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the trial. This is why malpractice cases are costly for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health care organizations support efforts to change tort laws in the United States.

Damages

In the event of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the patient for the financial loss or expenses caused by the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages include the compensation for physical and mental stress.

Medical malpractice lawsuits are typically filed in a state trial court. However, there are instances in which a lawsuit may be filed in federal court. This is typically the situation where a doctor works at a federally funded clinic such as the Veterans' Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical malpractice also may have to endure the pressure of an open jury trial and could be in danger of being denied their claim by a judge, or dismissed by the jury.

You must demonstrate that medical negligence or error caused your injury in order to be awarded an action for medical malpractice. The damage must be serious enough that a monetary award is sufficient to cover your financial losses as well as emotional stress. Furthermore, New York medical malpractice laws have specific damage caps as well as other limits on the amount that can be awarded to a patient who is successful in bringing a claim.