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 owe patients the obligation to follow the medical standards that are accepted without deviation or exclusion. This is known as the standard of care.
To successfully claim a doctor’s negligence, the patient must demonstrate each of the following legal elements with a preponderance of evidence: breach of duty; causation; damages.
Duty of Care
The most important element in a medical malpractice case is that the victim was owed a doctor’s duty that was violated. Medical malpractice cases differ from other negligence cases in that they typically involve a patient-physician relationship, which can be established through documents from a doctor or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.
However, doctors may also be liable for the negligence of their employees, such as assistants or interns. They may also be held responsible for the actions of emergency personnel under their supervision.
The plaintiff is then required to demonstrate that the defendant’s conduct did not conform to the standard of care in the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant’s failure to comply with these guidelines. The second factor is that the breach directly harmed the patient. To prove this, your lawyer must show a direct cause and effect between the defendant’s omission of duty and your injuries or loved one’s wrongful death. This is known as proximate causes. For instance, if an negligent treatment that was alleged to have occurred wouldn’t have had an adverse effect on your health, regardless whether it was performed 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 doctor who does not fulfill their duty of care to the client could be held responsible for negligence. To win a medical malpractice case, the injured party must prove four elements: that there was a duty of medical care, that the physician breached the obligation and that the breach caused injury, and finally resulted in damages. The primary element of a medical malpractice lawsuit is the standard of care which is determined through expert testimony. The standard of care is the amount a “reasonably cautious” doctor would do under similar or identical circumstances.
A physician violates this duty in the event that he or she departs from the normal care of the patient. For instance, when a physician breaks the arm of a patient the doctor fails to correctly set it or fails to cast the broken arm. The doctor’s breach of this obligation causes the broken arm to heal incorrectly, resulting in a complete or partial loss of use, and further financial damages.
kyle medical malpractice attorney malpractice cases are brought in state trial courts, however in certain circumstances federal courts are also able to consider these claims. The 94 federal districts courts across the United States each have a jury panel with a judge who handles these cases. The majority of states have a special system of state courts that deal with these issues. However, they have different rules of court procedure than federal district courts.
Causation
Physicians take an oath to not cause harm, and if they fail to uphold this obligation and cause injury, the patient may be entitled to compensation for damages. Medical malpractice claims can also arise when a doctor opts to carry out a procedure that has risks and the patient could have refused the procedure if they had been fully aware of all potential consequences.
In a medical malpractice case the plaintiff must prove that the doctor’s actions were not in accordance with accepted standards of practice. This failure was the sole cause of any injury or illness sustained by the patient and the injury would not have occurred but because of the negligence of the physician. This burden of proof is also known as the “preponderance of evidence” standard, which is less demanding than the “beyond a reasonable doubt” standard that is required to convict criminal defendants.
Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery procedures. Both sides spend a lot of time and resources in prepping for a trial, whether it’s settled or if it goes to court. This is why malpractice claims can be costly for both the physician and the plaintiff involved. It is one of the primary reasons why physicians and health care organizations support efforts to reform tort laws in the United States.
Damages
Depending on the type of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses caused by the physician’s negligence like loss of income or costs of future medical care. Non-economic damages include compensation for physical pain as well as mental anguish.
Medical malpractice claims are usually filed in a state court of trial. There are instances when the lawsuit may be filed in federal courts. This is typically the case when a doctor is employed by a federally-funded kutztown Medical malpractice Law firm clinic such as the Veteran’s Administration or in the case of a doctor who is from other country, but practices in the United States as part of an agreement with extraterritorial authority.
Lawsuits claiming medical malpractice are generally adversarial and require significant legal discovery. This includes written interrogatories, depositions, and requests for production of documents. The victims of medical malpractice will also have to bear the stress of the jury trial, and possibly be at risk of having their claim rejected by a judge or dismissed by a jury.
In order to win a medical negligence claim, you must show that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a financial award that would cover your financial losses and emotional pain. Additionally, New York medical malpractice laws provide for damage caps, as well as other limitations on the amount that may be awarded to a person who successfully makes a claim.