10 Apps To Help Control Your Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They could increase the cost of insurance for doctors and alter the medical practice.

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

To successfully bring a lawsuit against a doctor who has committed malpractice, the patient must demonstrate each of the following legal elements with the preponderance of evidence: duty; breach of that duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice case is that the person who was injured was bound by a duty of the doctor that was not met. Medical malpractice claims differ from other types of negligence cases in that they usually involve a physician-patient relation, which can be established through documents from a doctor or telephone consultations. In general, physicians who treat patients must adhere to the accepted guidelines in their field and practice.

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

The next element that a plaintiff must prove is that the defendant failed to meet the standard of care under the circumstances. This is only proven through experts' testimony regarding acceptable medical practices and the defendant's inability to follow these standards. The second factor is that the breach directly affected the patient. To prove malpractice, your lawyer will need to show that the defendant's breach of duty directly caused your injury or the wrongful death of your loved one. This is referred to as proximate cause. If, for instance the negligent treatment you claim to have received could not have had an adverse effect on your health, irrespective of whether or not it was done or not, you aren't able to win damages for any injuries, or wrongful death that was allegedly cause by the physician's behavior.

Breach of Duty

A doctor who does not fulfill their duty of care towards the client may be held accountable for negligence. In order to win a medical malpractice lawsuit the victim must prove four elements: that there was a duty to care and the doctor breached the duty and that the breach resulted in injury and finally the injury caused damages. The first element of a medical malpractice lawsuit is the standard of care which is determined by experts' testimony. The standard of care is defined as what 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 standard of care when treating the patient. If a physician breaks the arm of a patient he or she may fail to cast the arm correctly. The doctor's infraction of this duty causes the injured arm to heal improperly, resulting in a complete or partial loss of use and monetary damages.

In most instances, medical malpractice lawsuits are filed with state trial courts. However, in certain circumstances federal courts are also able to hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that handles these cases. Most states have a specialized system of state courts that handle these cases. However, they have different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for damages if medical professionals fail to perform their obligation to not cause harm. A medical malpractice lawsuit could occur when a doctor chooses to perform a treatment that is associated with risks and the patient would have opted to not undergo the procedure if they had been fully aware of all potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the doctor did not adhere to accepted standards of practice, that this failure was a direct cause of the injury or illness the patient was suffering from and that the ailment could not have occurred except 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 include expert witnesses and lengthy pretrial discovery procedures. In the event that the case settles or goes to trial, attorneys on both sides invest substantial time and resources in preparation for the case. This is why malpractice lawsuits can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons why doctors and health groups are supportive of efforts to reform tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the financial loss or expenses resulting from the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages may include reimbursement for physical and mental stress.

Medical malpractice claims are generally filed in a state trial court. There are some situations where an action can be filed in federal courts. This is usually the case where a physician is employed by a federally funded clinic such as the Veteran's Administration, or if the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and involve an extensive legal discovery. This includes depositions, written interrogatories and requests for the production of documents. The victims of medical negligence may also be required to endure a jury trial and may be in danger of having their claim rejected by a judge or rejected by a juror.

To be successful in a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The damage must be severe enough to warrant a financial settlement that will cover your financial losses and emotional distress. New York medical malpractice law also has certain damages caps, as well as other restrictions on the amount patients can be awarded after proving claims.