Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and feared threat for physicians. They drive up physician insurance costs and can alter the practice of medicine.
In general, doctors are under a duty to their patients to adhere to accepted medical practices. This is referred to as the standard of care.
To successfully claim a doctor’s malpractice, the patient must be able to prove each of the following legal elements with a preponderance of evidence: breach of duty; breach of that obligation; causation; damages.
Duty of Care
The primary element in a medical malpractice case is that the injured person was owed a duty by a doctor that was violated. Medical malpractice claims are different from other negligence cases because they typically involve a patient-physician relationship, which is established through things like doctor’s records or phone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.
Doctors could be held accountable for the incompetence or negligence of their staff, including assistants and interns. Additionally, they can be held accountable for the actions of emergency medical personnel who are under their supervision.
The next element that a plaintiff has to prove is that the defendant did not adhere to the standard of care under the circumstances. This element can only be proven by experts’ testimony regarding acceptable medical practices, and the defendant’s reluctance to follow these standards. The second aspect of malpractice is that the breach directly harmed the patient. To prove this your lawyer must prove the direct causality and impact between the defendant’s failure to perform his duty and your injury or loved one’s untimely death. This is known as proximate reason. For example, if the negligent treatment alleged to have caused the injury would not have had an adverse effect on your health, regardless of whether it was performed or not, you would not be able to win damages for any injuries or deaths that were caused by the doctor’s actions.
Breach of Duty
A doctor who fails to fulfill their duty of care towards the client may be held accountable for negligence. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects that a duty of care or professional care existed and the physician violated this duty; the breach caused injuries; and the damage caused damages. The primary element of a medical malpractice lawyers malpractice lawsuit centers around the standard of care which is determined through expert testimony. The standard of care is defined as what an “reasonably prudent” doctor would perform in the same or similar circumstances.
A doctor is in violation of this obligation when he or she deviates from standard care while treating the patient. For instance, if the physician breaks a patient’s arm and is not able to properly set the arm or fails to cast the broken arm. The doctor’s infraction of this obligation causes the broken part to heal improperly, which results in a complete or partial loss of use, and further financial damages.
In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations, federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. A majority of states have a system of specialized state courts that handle the cases, although they have different court procedures than federal district courts.
Causation
Doctors swear to avoid harm, and when they fail to fulfill that duty and cause injury, a patient may be entitled to compensation for any damages. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure that is associated with 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 failed to follow accepted standards of practice, that the failure was a direct cause for the injury or illness that the patient suffered and that the harm would not have occurred but because of the negligence of the doctor. The burden of proof, also known as “preponderance” of the evidence is less stringent than “beyond reasonable doubt” that is required to convict criminal defendants.
Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery processes. Both sides spend a lot of time and money making preparations for a case whether it’s settled or goes to court. This is the reason why malpractice claims can be so expensive for both the plaintiff and physician involved. It is also one of the main reasons that doctors and health groups are supportive of efforts to change tort laws in the United States.
Damages
Victims can be awarded punitive or compensatory damages depending on the nature of medical malpractice. Compensation damages are awarded to compensate the patient for the financial loss or expenses caused by the doctor’s negligence. This includes income loss and future medical expenses. Non-economic damages include the payment of physical pain and mental anxiety.
Medical malpractice claims are filed in state trial courts. However, there are situations where a lawsuit can be filed in federal court. This is usually the case where a physician is employed by an institution that is funded by federal funds, such as the Veteran’s Administration, or when the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.
Medical malpractice lawsuits are mostly adversarial and involve an extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of medical malpractice will also have to bear the pressure of a jury trial and may be in danger of having their claim dismissed by a judge or dismissed by a jury.
To be successful in a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The injury must be significant enough that a financial award will substantially compensate for your financial losses and emotional distress. New York medical malpractice law firm malpractice law also has specific damage caps, and other restrictions on the amount the patient could receive when they are successful in bringing a claim.