Four Elements of a Medical Malpractice Case
Physicians are worried about malpractice lawsuits because they pose an actual threat. They drive up physician insurance costs and could alter medical practice.
In general doctors owe patients the obligation to adhere to accepted medical practices without deviation or the slightest omission. This is referred to as the standard of care.
To sue a physician for negligence, the patient must be able to prove the following elements by a preponderance: duty, breach of duty, causation, and damages.
Duty of Care
The first thing to consider in a
medical malpractice case is that the person who was injured was owed a duty by a doctor which was not fulfilled. Medical malpractice claims differ from other types of negligence cases in that they often involve a physician-patient relationship, which can be established by things like doctor's records or telephone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice.
However, doctors may also be liable for the negligence of their employees, such as assistants or interns. Additionally, they can be held liable for the actions of emergency medical personnel who are working under their supervision.
The plaintiff is then required to show that the defendant's actions did not meet the standard care under the circumstances. This can only be proven by expert testimony regarding acceptable medical practices, and the defendant's inability to follow these standards. The second element of malpractice is that the breach directly caused harm to the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's failure to perform his duty and your injury, or your loved one's untimely death. This concept is known as causal proximate. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health regardless of whether it was performed or not, you would not be able to recover damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.
Breach of Duty
A doctor who fails fulfill his or her duty of professional care to a patient may be held accountable for negligence. To win a medical negligence lawsuit the person who suffered must demonstrate four elements: that a duty of care existed and the physician violated the duty and the breach caused injuries, and then the injury caused damage. The first element of a claim for medical malpractice is the standard of care which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do in similar or identical circumstances.
A physician violates this duty when he or she deviates from the norm of care while treating the patient. For example, if the physician breaks a patient's arm and fails to correctly set it or fails to cast the broken arm. A breach by the doctor causes the injured arm to heal incorrectly. This can result in a partial or complete loss of use, and monetary damages.
Medical malpractice cases are filed in state trial courts, however under certain circumstances federal courts can also take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have special state courts that deal with these cases,
medical malpractice lawsuit though they follow different rules of court procedure than federal district courts.
Causation
A patient could be entitled to compensation for the damages caused if doctors fail to fulfill their obligation to avoid harm. A
medical malpractice lawsuit could occur when a physician opts to carry out a procedure that is associated with risks and the patient would have declined the procedure if fully informed of all possible consequences.
In a case of medical malpractice, the plaintiff must prove that the doctor did not act in accordance with accepted standards of practice. This breach must have been the main cause of any illness or injury that the patient suffered, and the injury would not be the case if it wasn't because of the negligence of the physician. This burden of proof, known as "preponderance" of evidence is less burdensome than "beyond reasonable doubt" that is required to convict criminal defendants.
Medical malpractice lawsuits typically require expert witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, attorneys on both sides spend considerable time and resources in preparing for the trial. This is why malpractice lawsuits can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons why physicians and health groups are supportive of efforts to change tort laws in the United States.
Damages
In the event of medical negligence, victims may be able to recover punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses caused by the negligence of a physician like loss of income or the cost of future medical treatments. Non-economic damages include reimbursement for physical and mental anxiety.
Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. This is typically the case when a doctor is employed at a federally funded facility, such as the Veteran's Administration, or where the doctor is from another country and is practicing in the United States under a treaty of extraterritorial jurisdiction.
Legal actions involving medical malpractice are generally adversarial and involve significant legal discovery. This can include written interrogatories and depositions, as well as requests for documents. Patients who are accused of medical malpractice might also have to deal with the pressure of an open jury trial and could be at risk of having their claim dismissed by a judge or dismissed by the jury.
You must establish that medical negligence or error was the cause of the injury you suffered to win a case for medical negligence. The injury has to be severe enough to warrant a monetary award that covers your financial losses and emotional pain. New York medical malpractice law also has certain damages caps, as well as other restrictions on the amount an individual patient could be awarded after proving an appeal.