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Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and serious threat to doctors. They drive up physician insurance costs and may alter the way doctors practice.

In general, doctors are under obligations to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

To successfully sue a doctor for negligence, the patient must be able to prove each of the following legal elements by the preponderance of evidence: duty; breach of duty; causation; and damages.

Duty of Care

The first element of a medical negligence claim is that the party who suffered was obliged to perform a duty by the doctor that was breached. Unlike some types of negligence cases, medical malpractice claims often require the existence of the relationship between a doctor and patient, which is established through things like medical records and telephone consultations. Generally, physicians who treat patients must adhere to the accepted standards of their profession and practice.

Doctors can also be held liable for the negligence or incompetence of their staff, like assistants or interns. They could 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 adhere to the standard of medical care in the circumstances. This element can only be proven with expert testimony on acceptable medical practices and the defendant's reluctance to comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove that you have committed a crime your lawyer needs to show that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is called proximate cause. For instance, if an negligent treatment that was alleged to have occurred wouldn't have had an adverse impact on your health, regardless whether it was performed or not, then you wouldn't be able claim damages for any injuries or deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who does not fulfill their obligation of care to clients can be held responsible for negligence. In order to win a medical malpractice case, the injured patient must prove four legal elements: a duty of professional care was breached and the doctor breached this duty; the breach caused injury; and the injury resulted in damages. The first element of a medical malpractice lawsuit is the standard of care which is determined through experts' testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician is in breach of this duty in the event that he or she departs from the norm of care while treating the patient. If a doctor breaks the arm of a patient they might fail to cast the patient correctly. The physician's failure to perform this duty causes the injured arm to heal improperly, which results in partial or full loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, however under certain circumstances, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. The majority of states have a system of state courts that specialize in these cases, though they follow different rules for court procedure than federal district courts.

Causation

Physicians swear to do no harm, and when they fail to fulfill this duty and cause harm, a patient may be legally entitled to compensation for their losses. A medical malpractice claim can also be brought when a physician performs a procedure that is associated with known risks, and the patient wouldn't have agreed to the procedure had they been fully informed.

In a case of medical malpractice the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This failure must have been the direct cause of any illness or injury suffered by the patient and the ailment would never occur if it weren't due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard that is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert witnesses and lengthy pretrial discovery proceedings. In the event that the case settles or goes to trial, attorneys from both sides spend substantial time and resources in preparation for the issue. This is a major reason why malpractice claims are so expensive for both the plaintiff and the medical professional 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

Based on the nature of medical negligence, the victims are able to seek punitive and compensatory damages. Compensatory damages pay for monetary losses and expenses resulted from the negligence of the doctor, such as loss of income or costs of future medical care. Non-economic damages could include reimbursement for physical and mental suffering.

Medical malpractice claims are generally filed in a state trial court. There are certain situations in which a lawsuit can be filed in federal courts. It's usually the case when doctors are employed by a federally-funded clinic like the Veteran's administration or when the doctor is from another country but is practicing in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are mostly adversarial and require an extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Victims of alleged medical malpractice might also have to deal with the pressure of a jury trial and may face the threat of being rejected by a judge or dismissed by a jury.

To be successful in a medical malpractice claim, you must show that the error or negligence of a medical malpractice law Firm professional caused your injury. The damage must be severe enough to warrant a financial award that would cover your financial losses as well as emotional trauma. In addition, New York medical malpractice laws have certain damage caps as well as other limits on the amount that can be awarded to a patient who successfully makes a claim.