Four Elements of a Medical Malpractice Case
Malpractice lawsuits pose a real and feared threat for physicians. They can raise insurance costs for doctors as well as alter the way they practice medicine.
In general, doctors are under the obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.
To successfully claim a doctor’s negligence, the patient must show each of these legal elements using the preponderance evidence: duty; breach of duty; causation; and damages.
Duty of Care
The first element in a annapolis medical malpractice attorney malpractice case is that the injured person was owed a duty to a doctor that was breached. In contrast to other types of negligence cases medical malpractice claims usually involve the existence of the relationship between a doctor and patient, which is established through things like medical records and phone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.
Doctors may also be held liable for the incompetence or negligence of their staff members, for example, assistants or interns. They can also be held accountable for the actions of emergency personnel under their supervision.
The next element that a plaintiff must prove is that the defendant failed to adhere to the standard of care in the specific circumstances. This element can only be proven with expert testimony regarding acceptable medical practices, and the defendant’s refusal to comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must demonstrate a direct cause and effect between the defendant’s failure to perform his duty and your injury or loved one’s wrongful death. This is referred to as the proximate cause. If, for instance the negligent treatment you claim to have received would not have had any negative impact on your health, regardless of whether or not it was done, you won’t be able get compensation for any injuries, or even wrongful death, that were allegedly caused by the behavior of the doctor.
Breach of Duty
A doctor who fails to fulfill their duty of care towards clients can be held accountable for their negligence. In order to win a medical negligence lawsuit the plaintiff must prove four elements: that a duty of care existed and the physician violated the duty and that the breach resulted in injury and finally the injury caused damages. The primary element of a claim for medical malpractice is the standard of care which is determined by experts’ testimony. The standard of care is defined as what would a “reasonably prudent” doctor would perform in the same or similar circumstances.
The breach of this duty occurs when he/she does not adhere to the standard of care when giving treatment to the patient. For example, if the physician breaks a patient’s arm the doctor isn’t able to properly set it or fails to cast the broken arm. A doctor’s breach causes the broken arm to heal improperly. This could lead to an incomplete or total loss of use, and monetary damages.
Medical malpractice cases are brought in state trial courts, however under certain conditions federal courts can also 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. A majority of states have a system of state courts that handle these issues. They do however, follow different rules for court procedures than federal district courts.
Causation
A patient could be entitled to compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. A medical malpractice lawsuit could occur when a physician decides to administer a procedure that is associated with risks and the patient would have opted to not undergo the procedure had they been fully aware of all potential consequences.
The plaintiff in a medical malpractice case must prove that the doctor failed to adhere to accepted standards of practice, that this negligence was a direct cause of the injury or illness that the patient suffered and that the harm would not have happened but due to the negligence of the doctor. This burden of proof is referred to as the “preponderance of evidence” standard that is less arduous than the “beyond a reasonable doubt” standard used to convict criminal defendants.
Medical malpractice lawsuits often involve expert witness testimony as well as lengthy discovery procedures prior to trial. Both sides invest a lot of time and money the preparation of a case, whether it settles or if it is a court case. This is the primary reason why malpractice claims can be so expensive for both the plaintiff and the physician affected, and is one of the reasons that doctors and health care groups are a part of efforts to reform tort law in the United States.
Damages
Victims can receive compensatory or punitive damages, based on the kind of medical malpractice. Compensation damages compensate the victim for the monetary losses or expenses resulting from the doctor’s negligence. This includes income loss and future medical expenses. Non-economic damages are the compensation for physical pain and mental anguish.
Medical malpractice claims are usually filed in a state court of trial. There are instances when a lawsuit can be filed in federal courts. It’s usually the case when a doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is a resident of another country but is practicing in the United States as part of an agreement with extraterritorial authority.
Lawsuits claiming medical malpractice are largely adversarial in nature and involve significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of alleged medical negligence may also have to face a jury trial and risk the possibility that their claim will be rejected by a judge or dismissed by a juror.
You must establish that medical negligence or mistake caused your injury in order to be awarded a lawsuit for Glasgow Medical Malpractice Law Firm malpractice. The injury must be severe enough that a monetary award will significantly compensate for your financial losses as well as emotional trauma. In addition, New York medical malpractice laws have certain damage caps and other limits on the amount that could be awarded to a person who is successful in filing a claim.