"Ask Me Anything:10 Responses To Your Questions About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can raise insurance costs and can alter the medical practice.

In general doctors owe patients the obligation to follow the accepted medical practice without deviation or the slightest omission. This is known as the standard of care.

To sue a doctor for malpractice, a patient has to demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The most important element in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was not met. Contrary to other types of negligence cases medical malpractice claims usually involve the existence of a physician-patient relationship, which can be established through things like medical records and phone consultations. In general, doctors who treat patients must adhere to the accepted guidelines in their field and practice.

Doctors could also be held liable for the incompetence or negligence of their staff members, like assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The next element a plaintiff needs to establish is that the defendant failed to satisfy the standard of medical care in the particular circumstances. This element is only able to be proved through expert testimony regarding acceptable medical practices and the defendant's reluctance to follow these guidelines. The second factor is that the breach directly hurts the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's breach of duty and your injury or your loved one's wrongful death. This is referred to as causal proximate. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health, regardless of whether it was done or not, you would not be able to claim damages for any injuries or wrongful deaths that were caused by the physician's conduct.

Breach of Duty

A doctor who fails to fulfill their obligation of care to a client can be held liable for negligence. In order to win a medical negligence lawsuit the plaintiff must demonstrate four elements: that there was a duty of medical care and the physician violated the obligation and that the breach resulted in injuries, and then the injury resulted in damages. The primary element of a medical malpractice lawsuit revolves around the standard of care, which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or identical circumstances.

A physician violates this duty when he or she strays from the standard of care when treating the patient. If a doctor breaks the arm of a patient they may not be able to cast the arm correctly. The doctor's infraction of this obligation causes the broken part to heal improperly, resulting in the complete or partial loss of use and subsequent financial damages.

In most instances, medical malpractice lawsuits are filed in state trial courts. However under certain circumstances federal courts can consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a system of specialized state courts that handle these matters, albeit with different rules of court procedure than federal district courts.

Causation

Doctors swear to do no harm, and if they fail to uphold that duty and cause injury the patient could be entitled to compensation for the damages. A medical malpractice lawsuit could also arise when a doctor decides to administer a procedure that has risks and the patient would have declined the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor failed to adhere to accepted standards of practice, that the doctor's negligence was a direct cause for the illness or injury 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, also known as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery processes. Both sides invest a lot of time and money the preparation of a case, whether it is settled or if it is a court case. 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

Victims can receive compensation or punitive damages based on the kind of medical negligence. Compensatory damages pay for the financial losses and expenses resulted from the negligence of the doctor like loss of income or cost of future medical care. Non-economic damages can include compensation for mental and physical anxiety.

Medical malpractice lawsuits are typically filed in a state court of trial. However, there are instances where a suit could be filed in federal court. It is usually the case when the doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is from another country, but is working in the United States as part of an agreement that confers extraterritorial authority.

Medical malpractice lawsuits are largely adversarial in nature and involve an extensive legal discovery. This includes written interrogatories and depositions, as well as requests for documents. The victims of alleged medical negligence could also have to go through a jury trial, and face the possibility of their claim being rejected by a judge or rejected by a juror.

To be successful in a medical malpractice claim, you must show that the error or negligence of a medical professional caused your injury. The injury must be severe enough to warrant a monetary award that covers your financial losses and emotional pain. In addition, New York medical malpractice laws have specific damages caps and other limitations on the amount that can be awarded to a person who is successful in filing a claim.