"Ask Me Anything": Ten Responses To Your Questions About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose an actual threat. They increase insurance costs and can alter the practice of medicine.

In general doctors owe patients the obligation to adhere to the accepted medical practice without deviation or the slightest omission. This is referred to as the standard of care.

To sue a physician over negligence, the patient must demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation and damages.

Duty of Care

The primary element of a claim for medical malpractice is that the party who suffered was owed a duty by the doctor that was not met. As opposed to other types cases medical malpractice claims typically require an established relationship between the doctor and patient. This can be established through things like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to accepted guidelines in their field and practice.

However, doctors may also be held accountable for the negligence of their staff members, like assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The plaintiff is then required to show that the defendant's actions didn't conform to the standard of care in the circumstances. This is only proven through expert testimony about acceptable medical practices, and the defendant's failure comply with these guidelines. The second aspect of malpractice is that the breach directly harmed the patient. To prove this your lawyer must establish the direct causality and impact between the defendant's dereliction of duty and your injuries or medical malpractice lawsuit loved one's death. This is called proximate cause. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health irrespective whether it was performed or not, you wouldn't be able to recover damages for any injuries or wrongful deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A physician who fails in their duty of care towards the client could be held responsible for negligence. In order to win a medical malpractice lawsuit the person who suffered must demonstrate four elements: that there was a duty of care, that the physician breached the duty and the breach caused injury, and finally caused damage. The standard of care is the primary aspect in a medical malpractice case, and it is determined by an expert's testimony. The standard of care is defined as the things that an "reasonably prudent" doctor would do in similar or similar circumstances.

The breach of this duty occurs when he or she deviates from the standard of care while providing treatment to the patient. If a doctor breaks the arm of a patient he or she may fail to cast it correctly. A breach by a doctor can make the broken arm heal incorrectly. This can lead to a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courts, but under limited circumstances federal courts are also able to consider these claims. The 94 federal districts courts across the United States each have a jury panel with a judge who decides on these cases. A majority of states have a system of state courts that handle these matters. However, they follow different rules of court procedures than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by doctors fail to fulfill their obligation to avoid harm. A medical malpractice claim can also be brought when a doctor performs a treatment with known risks and the patient wouldn't have agreed to the procedure had they been fully informed.

In a medical malpractice lawsuit the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care must have been the main cause of any injury or illness sustained by the patient and the injury could not have occurred but for the physician’s negligence. This burden of proof is referred to as the "preponderance of the evidence" standard that is less arduous than the "beyond a reasonable doubt" standard to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and long discovery procedures prior to trial. In the event that the case settles or goes to trial, lawyers on both sides have to spend considerable time and resources in preparing for the matter. This is the reason why malpractice claims can be expensive for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Victims can receive compensation or punitive damages based on the kind of medical malpractice. Compensation damages compensate victims for monetary losses and expenses caused by the physician's negligence, such as loss of income or the expense of future medical treatment. Non-economic damages could include the compensation for physical and mental anxiety.

Medical malpractice claims are usually filed in a state court of trial. There are a few instances where the lawsuit may be filed in federal courts. This is usually the case where a doctor is employed by a federally funded clinic such as the Veterans' Administration, or when the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are generally adversarial and involve large amounts of legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. Patients who are accused of medical malpractice could also be subject to the stress of a jury trial and potentially be in danger of being denied their claim by a judge or dismissed by a jury.

To be successful in a medical malfeasance claim, you must show that the medical error or negligence caused your injury. The damage must be severe enough to warrant a monetary award that covers your financial losses and emotional distress. Furthermore, New York medical malpractice laws have damages caps and other limitations on the amount which can be awarded to a person who successfully makes a claim.