Undeniable Proof That You Need Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They can increase the cost of insurance for physicians and change the practice of medicine.

In general doctors owe their patients the duty to uphold the accepted medical practices, without deviation or omission. This is referred to as the standard of care.

To sue a physician for malpractice, a patient has to be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The first element of a medical malpractice claim is that the injured party was legally obligated by the doctor that was breached. In contrast to other types of negligence cases medical malpractice lawyer malpractice claims typically involve the existence of an established relationship between the doctor and patient. This is established through things such as doctor's medical records and telephone consultations. In general, doctors who treat patients must adhere to accepted standards of their profession and practice.

Doctors may also be held liable for the incompetence or negligence of their staff members, including assistants and interns. Furthermore, they can be held accountable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then demonstrate that the defendant's actions didn't conform to the standard of care in the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's failure to adhere to these standards. The other element is that the breach directly affected the patient. To prove this your lawyer must demonstrate the direct causality and impact between the defendant's dereliction of duty and your injury or loved one's death. This is referred to as the proximate cause. For instance, if the negligent treatment you claim to have received could not have had an adverse impact on your health, irrespective of whether or not it was done or not, you aren't able to be awarded damages for any injuries, or even wrongful death that was believed to be caused by the doctor's conduct.

Breach of Duty

A doctor who fails to fulfill his or her duty of professional care to a patient could be held accountable for negligent behavior. To succeed in a medical negligence case, the injured patient must prove four legal aspects: a duty of professional care was in place and the physician violated this obligation; the breach led to injury, and the injury caused damages. The standard of care is the primary aspect in a medical malpractice case, and it is determined by an expert's testimony. The standard of care is the amount an "reasonably prudent" doctor would do under similar or similar circumstances.

A doctor is in violation of this obligation when he or she strays from standard care while treating the patient. If a physician breaks the arm of a patient, they might fail to cast the patient correctly. A doctor's error can cause the broken arm to heal improperly. This can lead to a partial or complete loss of use, as well as financial damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances federal courts may also be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that will hear medical malpractice cases. Many states have a distinct system of state courts that deal with the issues. They do however, follow different rules of court procedure than federal district courts.

Causation

Doctors swear to avoid harm, and if they fail in their duty to uphold that duty and cause injury, a patient may be legally entitled to compensation for their losses. A medical malpractice lawsuit could be brought up when a doctor decides to administer a procedure that is associated with risks and the patient would not have opted out of the procedure if fully informed of the possible consequences.

The plaintiff in a medical malpractice lawsuit must show that the doctor failed to act in accordance with accepted standards of practice, that this failure was a direct cause for the illness or injury the patient was suffering from, and that the injury could not have occurred except because of the negligence of the doctor. The burden of proof, referred to 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 witnesses and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the matter. This is one of the main reasons why malpractice claims can be so costly for both the patient and the doctor involved, and it is one of the main reasons that health care professionals and physicians organizations support efforts to reform tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the kind of medical negligence. Compensatory damages compensate the patient for the financial losses or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages include compensation for physical pain and mental anguish.

Medical malpractice lawsuits are filed in state trial courts. There are some situations where a lawsuit can be filed in federal courts. This is typically the situation when a doctor is employed at an institution that is funded by federal funds, such as the Veteran's Administration, or if the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and involve extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical malpractice might also have to deal with the pressure of the jury trial, and possibly be at risk of having their claim rejected by a judge, or dismissed by a jury.

To win a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be severe enough to warrant a monetary award that covers your financial losses and emotional distress. Furthermore, New York medical malpractice laws have damages caps and other limitations on the amount that could be awarded to a patient who is successful in bringing a claim.