Incontestable Evidence That You Need Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as real threats. They drive up physician insurance costs and can alter the medical practice.

In general, doctors have 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 by a preponderance of the evidence: breach of that obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the victim was owed a duty of a doctor that was violated. Unlike some types of negligence cases medical malpractice claims typically involve the existence of a physician-patient relationship, which can be established by means like doctor's records or phone consultations. In general, physicians who treat their 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 members, for example, assistants or interns. They may also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff then has to show that the defendant's actions did not comply with the standard of care under the circumstances. This is only able to be proved through expert testimony on acceptable medical practices and the defendant's refusal to follow these standards. The second aspect is that the breach directly harmed the patient. To prove this your lawyer must demonstrate that there is a direct link and causal relationship between the defendant's breach of duty and your injuries or loved one's untimely death. This concept is known as proximate causation. If, for example, the negligent treatment you claim to have received did not have a negative effect on your health, regardless of whether or not it was done or not, you aren't able to claim damages for any injuries, or wrongful death that was allegedly caused by the behavior of the doctor.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient can be held accountable for negligence. To succeed in a medical negligence case, the victim must prove four legal aspects which include: a duty to provide professional care existed and the physician violated this duty; the breach caused injury; and the result resulted in damages. The first element of a medical malpractice law firms malpractice case centers around the standard of care, which is determined by experts' testimony. The standard of care is defined as what a "reasonably prudent" doctor would do in similar circumstances.

A physician breaches this duty when he or she deviates from the standard of care when treating the patient. For example, if the doctor breaks the arm of a patient the doctor fails to correctly set it or fails to cast the broken arm. The physician's failure to perform this duty causes the injured arm to heal improperly, resulting in the complete or partial loss of use, and further financial damages.

In the majority of instances, medical malpractice cases are filed in state trial courts. However in certain circumstances, federal courts can also hear these claims. The 94 federal district courts across the United States each have a judge and jury panel that handles these cases. The majority of states have a special system of state courts that handle the issues. However, they are subject to different rules for court procedures than federal district courts.

Causation

A patient may be entitled compensation for damages if the doctor fails to meet their obligation to not cause harm. A medical malpractice claim may also arise when a physician performs a procedure that is associated with known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a medical malpractice case, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This breach must have been the main cause of any injury or illness suffered by the patient and the injury would not have occurred if not due to the negligence of the doctor. This burden of proof is known as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

medical malpractice Law firm malpractice lawsuits typically require expert testimony and lengthy pretrial discovery procedures. If the case settles or goes to trial, the attorneys from both sides spend an enormous amount of time and effort preparing for the issue. This is one of the main reasons that malpractice claims are expensive for both the patient and the doctor involved, and is one of the reasons that physicians and health care organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded compensatory or punitive damages, based on the type of medical malpractice. Compensatory damages compensate the patient for the monetary losses or costs resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages include compensation for physical pain and mental stress.

Medical malpractice claims are filed in state trial courts. There are a few instances where a lawsuit can be filed in federal courts. This is typically the case when a doctor is employed at a federally funded clinic such as the Veteran's Administration, or when the doctor is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Legal actions involving medical malpractice are usually adversarial and involve significant 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 risk the possibility that their claim will be rejected by a court or dismissed by a jury.

To be successful in a medical malfeasance claim, you must prove that the medical negligence or error caused your injury. The harm must be serious enough that a monetary award will significantly compensate for your financial losses as well as emotional trauma. New York medical malpractice law also has specific damage caps, as well as limits on the amount a patient can receive after proving a claim.