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Four Elements of a Medical Malpractice Case
Physicians are worried about malpractice lawsuits because they pose an actual threat. They can raise insurance costs for doctors as well as alter the medical practice.
In general doctors owe patients a obligation to follow the accepted medical practices, without any deviation or omission. This is referred to as the standard of care.
To successfully claim a doctor’s malpractice, the patient must prove each of the following legal elements with a preponderance of evidence: duty; breach of obligation; causation; damages.
Duty of Care
The primary element of a medical negligence claim is that the victim was bound by a duty of the doctor that was violated. As opposed to other types cases, medical malpractice claims often require the existence of an established relationship between the doctor and patient. This can be established by means like medical records and phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.
Doctors could also be held accountable for the negligence or incompetence of their staff members, such as interns or assistants. They may also be held responsible for the actions of emergency personnel who are under their supervision.
The next thing the plaintiff must prove is that the defendant did not adhere to the standard of care in the particular circumstances. This can be proved by expert testimony regarding acceptable medical practices and the defendant’s inability to comply with these guidelines. The second element of malpractice is that the breach directly harmed the patient. To prove malpractice the lawyer you hire to prove that the breach of duty by the defendant directly caused your injury or the death of your loved one. This concept is known as proximate causation. If, for example, the negligent treatment you claim to have received did not have any negative impact on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to win damages for any injuries, or even wrongful death, that were allegedly cause by the physician’s behavior.
Breach of Duty
A physician who fails to meet their obligation of care to clients can be held responsible for negligence. To prevail in a medical malpractice case the person who suffered must prove four things: that there was a duty of medical care, that the physician breached the duty, that the breach resulted in injury and finally the injury caused damages. The first element of a medical malpractice lawsuit is the standard of care that is determined by experts’ testimony. The standard of care is defined as the things that a «reasonably prudent» doctor would perform in the same or similar circumstances.
The breach of this obligation occurs when he does not adhere to the standard of care while rendering treatment to the patient. If a physician fractures the arm of a patient they might fail to cast the right way. A breach by a doctor can make the broken arm heal incorrectly. This can result in an incomplete or total loss of use, as well as financial damages.
Medical malpractice cases are brought in state trial courts, although under limited circumstances federal courts may take on these cases. The 94 federal districts courts across the United States each have a jury panel and judge that handles these cases. A majority of states have a system of state courts that deal with the issues. However, they are subject to different rules of court procedures than federal district courts.
Causation
Physicians take an oath to avoid harm, and if they fail to uphold that duty and cause injury patients may be entitled to compensation for any damages. Medical malpractice claims can also arise when a doctor decides to perform a procedure that carries known risks, and the patient would have declined the procedure if they had been fully informed of the possible consequences.
In a medical malpractice case the plaintiff must show that the doctor’s actions were not in accordance to accepted standards of practice. This failure was the sole cause of any illness or injury suffered by the patient and the injury could not have occurred but for the physician’s negligence. This burden of proof is referred to as the «preponderance of evidence» standard, which is less demanding than the «beyond a reasonable doubt» standard to convict criminal defendants.
Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Both sides invest a lot of time and money preparing for a case, whether it’s settled or goes to court. This is one of the main reasons why malpractice claims are so costly to both the plaintiff and the doctor involved, and it is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.
Damages
Depending on the type of medical negligence, the victims are able to seek punitive and compensatory damages. Compensation damages are awarded to 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 are compensation for physical pain as well as mental anguish.
Medical malpractice lawsuits are usually filed in a state trial court. However, there are some instances where a lawsuit can be filed in federal court. This is typically the case when a doctor is employed by a clinic that is funded by federal funds such as the Veterans Administration, medical malpractice or when the doctor is from another country but practices in the United States as part of a treaty with extraterritorial authority.
Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, depositions, and requests for production of documents. Victims of alleged medical malpractice attorney negligence might also have to deal with the pressure of an open jury trial and could be at risk of having their claim rejected by a judge, or dismissed by jurors.
To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury must be severe enough that a financial award is sufficient to cover your financial losses and emotional pain. New York medical malpractice law also has specific damage caps, and other restrictions on the amount the patient could receive should they be successful in filing an claim.