14 Smart Ways To Spend Your Left-Over Medical Malpractice Litigation Budget

Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as an actual threat. They could increase the cost of insurance for doctors and alter the practice of medicine.

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

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

Duty of Care

The most important element in a medical malpractice case is that the injured person was owed a duty by a doctor which was not fulfilled. As opposed to other types cases Medical malpractice claims typically involve the existence of an established relationship between the doctor and patient. This is established through things like a doctor's records and telephone consultations. In general, doctors who treat patients must adhere to the accepted guidelines in their field and practice.

However, doctors could be liable for the negligence of their employees, such as assistants or interns. In addition, they could be held liable for the actions of emergency medical malpractice law firms personnel under their supervision.

The next thing the plaintiff must prove is that the defendant failed to meet the standard of care under the circumstances. This element can be proven through expert testimony on acceptable medical practices and the defendant's failure to comply with these standards. The second element is that the breach directly harmed the patient. To prove malpractice your lawyer must to prove that the breach of duty by the defendant directly caused your injury or the death of your loved one. This is known as proximate causes. If, for instance the alleged negligent act could not have had any negative impact on your health, irrespective of whether or not it was performed by a physician, you will not be able be awarded damages for any injuries, or even wrongful death that was believed to be caused by the doctor's actions.

Breach of Duty

A doctor who fails perform their duty of professional care to a patient may be held accountable for negligence. To prevail in a medical malpractice case the victim must prove four elements: that there was a duty of care, that the physician breached the duty, that the breach resulted in injury and finally the injury caused damage. The first element of a medical malpractice claim revolves around the standard of care that is determined by experts' testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would do in similar or similar circumstances.

The physician's violation of this obligation occurs when he/she deviates from the standard of care while giving treatment to the patient. If a physician fractures the arm of a patient they might fail to cast it correctly. The doctor's infraction of this duty causes the broken arm to heal incorrectly, resulting in the complete or partial loss of use and monetary damages.

Medical malpractice cases are filed in state trial courts. However, under limited circumstances federal courts are also able to take on these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. Many states have a distinct system of state courts that deal with these matters. However, medical malpractice law firms they are subject to different rules of court procedure than federal district courts.

Causation

Physicians take an oath to do no harm, and if they fail in their duty to uphold that duty and cause injury, the patient may be entitled to compensation for the damages. Medical malpractice claims can also be brought when a doctor is performing a procedure that has known risks and the patient would not have agreed to the procedure if they had been fully informed.

In a case of medical malpractice, the plaintiff must prove that the doctor did not act in accordance to accepted standards of practice. This breach was the sole cause of any illness or injury suffered by the patient and the injury would never have occurred if not because of the doctor's negligence. This burden of proof, referred to as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony and lengthy discovery procedures prior to trial. If the case is settled or goes to trial, attorneys on both sides invest considerable time and resources in preparing for the case. This is one reason why malpractice claims are costly to both the patient and the doctor involved, and is one of the reasons that doctors and health care organizations support efforts to reform tort law in the United States.

Damages

Victims may be awarded compensation or punitive damages based on the kind of medical malpractice lawsuit negligence. Compensatory damages compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical costs. Non-economic damages are compensation for physical pain 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 where a physician is employed by a federally-funded clinic such as the Veterans' Administration, or when the doctor is from a different country and is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes written interrogatories, 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 face the threat of having their claim rejected by a judge or dismissed by jurors.

You must demonstrate that medical negligence or error was the cause of your injury to be able to make a lawsuit for medical malpractice. The injury must be severe enough that a financial settlement would substantially make up for your financial losses as well as emotional pain. In addition, New York medical malpractice laws have certain damage caps as well as other limits on the amount that may be awarded to a patient who has a successful claim.