Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a serious and feared threat for physicians. They can increase insurance costs for doctors as well as alter medical practice.
In general doctors owe patients the obligation to follow the accepted medical practice without deviation or infraction. This is referred to as the standard of care.
To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must prove each of the following legal elements using the preponderance evidence: breach of duty; breach of that duty; causation; damages.
Duty of Care
The primary element of a medical malpractice case is that the injured party was legally obligated by the doctor that was not met. Medical malpractice cases differ from other negligence cases because they typically involve a patient-physician relationship that can be established through documents from a doctor or phone consultations. In general, doctors who treat their patients must adhere to accepted standards of their profession and practice.
Doctors could also be held accountable for the negligence or incompetence of their staff, including assistants and interns. In addition, they may be held accountable for the actions of emergency medical personnel working under their supervision.
The next element a plaintiff needs to establish is that the defendant failed to meet the standards of care in the specific circumstances. This element can only be proven with expert testimony regarding acceptable medical malpractice lawyers practices, and the defendant’s inability to follow these guidelines. The second element of malpractice is that this breach directly caused injury to the patient. To prove that you have committed a crime, your lawyer will need to prove that the defendant’s breach of duty directly caused your injury or death of your loved one. This is referred to as proximate cause. For instance, if the alleged negligent act was not able to have a negative effect on your health, regardless of whether or not it was performed or not, you aren’t able to win damages for any injuries or death that was believed to be cause by the physician’s behavior.
Breach of Duty
A doctor who does not fulfill their duty of care to a client can be held responsible for negligence. To be successful in a medical malpractice case, the victim must prove four legal aspects that a duty of professional care was owed and the doctor violated this duty; the breach caused injury; and the result led to damages. The first part of a medical malpractice lawsuit is the standard of care that is determined by experts’ testimony. The standard of care is the amount an “reasonably prudent” doctor would do in similar or identical circumstances.
A physician breaches this duty when he or her deviates from the normal care of the patient. If a physician fractures the arm of a patient he or she may fail to cast the arm correctly. A doctor’s error can cause the injured arm to heal incorrectly. This can lead to either a complete or partial loss of usage, and also financial damages.
In most instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances, 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 handles medical malpractice cases. A majority of states have state courts that are specialized to handle these matters, albeit with different rules of procedure than federal district courts.
Causation
A patient could be entitled compensation for damages if doctors fail to fulfill their duty to do no harm. A medical malpractice lawsuit could occur when a physician decides to administer a procedure that has risks and the patient could have refused the procedure if they had been fully aware of all potential consequences.
The plaintiff in a medical malpractice lawsuit must prove that the doctor failed to adhere to accepted standards of practice, that this negligence was a direct cause for the illness or injury the patient suffered and that the ailment would not have occurred but because of the negligence of the doctor. This burden of proof is referred to as the “preponderance of evidence” standard which is less stringent than the “beyond a reasonable doubt” standard to convict criminal defendants.
Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery proceedings. Whether the case is settled or goes to trial, the attorneys on both sides spend an enormous amount of time and effort preparing for the matter. This is one reason why malpractice claims can be so expensive for both the plaintiff and the physician 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
Victims may be awarded punitive or compensatory damages depending on the kind of medical malpractice. Compensatory damages compensate patients for financial losses and expenses due to the negligence of the doctor, such as loss of income or cost of future medical treatments. Non-economic damages include the payment of physical and mental anguish.
Medical malpractice lawsuits are usually filed in a state trial court. However, there are certain situations in which a lawsuit may be filed in federal court. This is typically the case when the doctor is employed by a clinic that is funded by federal funds like the Veteran’s administration, or in the case of a doctor who is from another country but practices in the United States as part of an extraterritorial treaty.
Medical malpractice lawsuits are mostly adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical negligence could also be subject to the pressure of a jury trial and may risk being rejected by a judge, or dismissed by jurors.
To win a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The injury must be significant enough that a cash award will significantly compensate for your financial losses and emotional stress. Additionally, New York medical malpractice laws have damages caps and other limitations on the amount that can be awarded to a person who has a successful claim.
