Why Nobody Cares About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits pose a real and significant threat to doctors. They can increase the cost of insurance for doctors as well as alter medical practice.

In general, doctors have an obligation to their patients to follow accepted medical practices. This is known as the standard of care.

To successfully claim a doctor's malpractice, the patient must prove each of the following legal elements by the preponderance evidence: breach of that duty, causation, and damages.

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was breached. Medical malpractice claims are different from other negligence cases because they often involve a physician-patient relation, which can be established through things like doctor's records or phone consultations. In general, doctors who treat patients must adhere to the accepted standards of their profession and practice.

Doctors could also be held liable for the negligence or incompetence of their staff, such as interns or assistants. They can also be held accountable for the actions of emergency personnel under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standard of care in the specific circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's refusal to adhere to these guidelines. The second element of malpractice is that this breach directly harmed the patient. To prove malpractice, your lawyer will need to show that the defendant's breach of duty directly caused your injury or death of a loved one. This is known as proximate causes. If, for instance, the alleged negligent treatment would not have had an adverse effect on your health, regardless of whether or not it was done, you won't be able win damages for any injuries, or wrongful death that was believed to be caused by the behavior of the doctor.

Breach of Duty

A physician who fails to fulfill his or her duty of professional care to a patient may be held accountable for negligence. In order to be successful in a medical malpractice attorneys malpractice claim, the patient must prove four legal elements that a duty of professional care was breached and the physician violated this obligation; the breach led to injury; and the injury caused damages. The first element of a medical malpractice lawsuit is the standard of care that is determined by experts' testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or identical circumstances.

The physician's breach of this duty occurs when he or she is not following the standard of care in providing treatment to the patient. For instance, if a physician breaks a patient's arm the doctor is not able to properly set the arm or fails to cast the broken arm. The physician's failure to perform this obligation causes the broken part to heal improperly, resulting in the loss of use, whether complete or partial. of use and monetary damages.

In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However in certain situations federal courts may also take on 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 handle the issues. They do however, follow different rules of court procedure than federal district courts.

Causation

Physicians take an oath to protect their patients and if they fail in their duty to uphold the oath and cause injury patients may be legally entitled to compensation for their losses. A medical malpractice lawsuit could occur when a doctor opts to carry out a procedure that is associated with risks and the patient could have refused the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician did not act in accordance with accepted standards of practice, that this failure was a direct cause for the injury or illness that the patient was suffering from and that the injury could not have occurred except for the physician's negligence. The burden of proof, referred to as "preponderance" of evidence, is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. If the case settles or goes to trial, attorneys on both sides invest considerable time and resources in preparing for the matter. This is why malpractice lawsuits can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health groups are supportive of efforts to reform the tort laws in the United States.

Damages

In the event of medical negligence, the victims can seek compensatory or punitive damages. Compensatory damages compensate the patient for the financial loss or medical malpractice lawsuit costs resulting from the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages could include the payment of physical and mental stress.

Medical malpractice lawsuits are usually filed in a state trial court. There are some situations where an action can be filed in federal courts. This is typically the situation where a physician is employed by a federally-funded clinic such as the Veterans' Administration, or when the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are generally adversarial and involve significant legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence could also have to go through a jury trial and risk the possibility that their claim will be rejected by a judge or dismissed by a juror.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The damage must be serious enough that a monetary award will substantially compensate for your financial losses as well as emotional pain. New York medical malpractice law also includes certain damages caps, as well as other limits to the amount that patients can be awarded when they are successful in bringing a claim.