Ask Me Anything: 10 Answers To Your Questions About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can raise insurance costs and can affect the medical practice.

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

To successfully claim a doctor's negligence, the patient must show each of these legal elements using a preponderance of the evidence: breach of duty; breach of that obligation; causation; damages.

Duty of Care

The primary element in a medical malpractice case is that the person who was injured was owed a doctor's duty that was violated. Medical malpractice cases differ from other types of negligence cases because they often involve a physician-patient relation, which can be established by things like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

However, doctors could be held accountable for the actions of their staff members, such as assistants or interns. They can also be held responsible for the actions of emergency personnel under their supervision.

The plaintiff must then establish that the defendant did not adhere to the standard of medical care in the circumstances. This element can only be proven with expert testimony about acceptable medical practices, and medical malpractice lawsuits the defendant's refusal to adhere to these guidelines. The second factor is that the breach directly harmed the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's dereliction of duty and your injury, or your loved one's death. This concept is known as proximate causation. For instance, if alleged negligent treatment wouldn't have had a negative effect on your health, regardless whether it was performed or not, you would not be able claim damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A physician who fails in their duty of care to a client can be held accountable for their negligence. To be successful in a medical malpractice case, the victim must prove four legal elements that a duty of care or professional care was owed and the physician violated this obligation; the breach led to injury, and the injury caused damages. The first aspect of a medical malpractice claim revolves around the standard of care, which is determined by expert testimony. The standard of care is what an "reasonably cautious" doctor would do in similar or identical circumstances.

The physician's breach of this obligation occurs when he or she deviates from the standard of care in rendering treatment to the patient. If a physician breaks the arm of a patient, the doctor may fail to cast it correctly. A doctor's error can cause the broken arm to heal improperly. This could result in either a complete or partial loss of usage, and also financial damages.

In the majority of instances, medical malpractice lawsuits are filed in state trial courts. However, in certain circumstances federal courts are also able to 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. A majority of states have state courts that are specialized to handle these cases, but with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if a physician fails to fulfill their obligation to not cause harm. A medical malpractice claim could occur when a doctor decides to administer a procedure that is associated with risks and the patient would have declined the procedure if fully informed of all possible consequences.

The plaintiff in a medical negligence case must prove that the doctor failed to follow accepted standards of practice, that this negligence was a direct cause for the injury or illness that the patient was suffering from and that the injury would not have occurred but due to the negligence of the doctor. This burden of proof is known as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert witnesses and lengthy pretrial discovery proceedings. If the case settles or goes to trial, attorneys from both sides spend an enormous amount of time and effort preparing for the trial. This is the primary reason why malpractice claims can be so costly for both the plaintiff and the medical professional involved, and it is one of the reasons that doctors and health care organizations support efforts to reform tort law 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 are awarded to patients for monetary losses and expenses due to the negligence of the doctor like loss of income or expense of future medical treatment. Non-economic damages are the compensation for physical pain and mental distress.

Medical malpractice lawsuits are filed in state trial courts. However, there are certain situations in which a lawsuit may be filed in federal court. This is typically where a doctor works at a federally funded facility, such as the Veteran's Administration, or where the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are usually adversarial and require extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical malpractice could also be subject to the stress of a jury trial and may face the threat of having their claim rejected by a judge, or dismissed by the jury.

You must establish that medical negligence or mistake caused your injury to be able to make a claim for medical malpractice. The damage must be severe enough to warrant a financial settlement that will cover your financial losses and emotional pain. Additionally, New York medical malpractice lawsuit malpractice laws have certain damage caps and other limits on the amount which can be awarded to a person who is successful in bringing a claim.