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Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They can raise insurance costs and can affect the practice of medicine.

In general, doctors are under a duty to their patients to adhere to accepted medical practices. This is known as the standard of care.

To successfully sue a doctor for malpractice, the patient must be able to prove each of the following legal elements with the preponderance evidence: breach of duty, causation, and damages.

Duty of Care

The primary element of a medical malpractice claim is that the victim was obliged to perform a duty by the doctor that was breached. As opposed to other types cases Medical malpractice claims typically require the existence of an established relationship between the doctor medical Malpractice claim and patient. This can be established through things like medical records and phone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

Doctors may be held accountable for the negligence or incompetence of their staff, for example, assistants or interns. They can also be held responsible for the actions of emergency personnel working under their supervision.

The plaintiff is then required to demonstrate that the defendant's actions did not conform to the standard of care in the circumstances. This can only be proven by expert testimony on acceptable medical practices and the defendant's inability to adhere to these guidelines. The second element is that the breach directly hurts the patient. To prove malpractice the lawyer you hire to show that the defendant's breach of duty directly caused your injury or the death of your loved one. This is known as proximate reason. If, for instance the alleged negligent act could not have had any negative impact on your health, regardless of whether or not it was performed by a physician, medical malpractice claim you will not be able be awarded damages for any injuries or death that was believed to be cause by the physician's behavior.

Breach of Duty

A physician who fails in their duty of care to the client could be held accountable for their negligence. In order to win a medical malpractice lawsuit the plaintiff must prove four elements: that there was a duty to care and the physician violated the obligation and the breach caused injuries, and then the injury caused damage. The standard of care is the first component in a medical malpractice litigation negligence case, and it's established by expert testimony. The standard of care is defined as what is what a "reasonably prudent" doctor would do in the same or similar circumstances.

A physician breaches this duty when he or she deviates from the normal care of the patient. If a doctor breaks the arm of a patient they may not be able to cast the arm correctly. The doctor's lapse in duty causes the broken arm to heal improperly, resulting in partial or full loss of use and subsequent financial damages.

In most instances, medical malpractice cases are filed with state trial courts. However under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Most states have a system of state courts that specialize in these cases, but with different rules of procedure than federal district courts.

Causation

A patient may be entitled compensation for damages if doctors fail to fulfill their obligation to avoid harm. A medical malpractice claim may occur when a doctor chooses to perform a treatment that has risks and the patient would have declined the procedure had they been fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor did not comply with accepted standards of practice, that this failure was a direct cause of the injury or illness the patient suffered and that the injury could not have occurred if it weren't for the physician's negligence. This burden of proof is referred to as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits usually involve expert testimony from witnesses and lengthy discovery procedures prior to trial. Both sides invest a lot of time and money prepping for a trial, whether it settles or if it goes to court. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health care organizations support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages are awarded to patients for financial losses and expenses due to the negligence of the doctor like loss of income or cost of future medical care. Non-economic damages can include the compensation for physical and mental stress.

Medical malpractice lawsuits are usually filed in a state trial court. However, there are instances where a lawsuit can be filed in federal court. This is usually the situation when doctors are employed by a clinic that is funded by federal funds like the Veteran's administration or when the doctor is a resident of another country but is practicing in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence may also be required to face a jury trial and risk the possibility of having their claim rejected by a judge, or dismissed by a juror.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The injury has to be severe enough to warrant a financial settlement that will cover your financial losses as well as emotional trauma. New York medical malpractice law also has damage caps, as well as limits to the amount that a patient can receive if they successfully make an appeal.