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Medical Malpractice Law

Even with the best training and an oath to do no harm, medical errors can occur. When medical mistakes occur, the consequences for patients could be devastating.

Malpractice law is a sub-field of tort law that deals with professional negligence. A malpractice lawsuit must meet four basic requirements.

In the United States, malpractice claims are usually filed in state trial courts. To gather evidence, a variety of legal tools are employed for depositions, such as those taken under swearing.

Duty of care

If you are in the relationship of a doctor-patient, a doctor has a responsibility of taking care of you. This is no matter if the doctor treats you in a hospital or at your home. There are however circumstances where doctors can be at risk of malpractice even without the existence of a patient-doctor relationship.

Someone who is bound by an obligation of care must behave in the same way as a reasonable person in the circumstances. A driver, for example is bound by a duty of care to drive safely and not to cause injury to other road users. If a driver fails to fulfill this duty and causes injury, the driver is accountable for any injuries that result.

Doctors are required to care for their patients at all times. This includes situations where a physician is not your official doctor for instance, when you ask for advice in an elevator or in a restaurant. Good Samaritan laws often limit this obligation to be a good Samaritan.

Medical professionals have a duty to inform patients about the dangers associated with certain procedures and treatments. In the absence of this, it is a violation of the doctor's duty of responsibility. A doctor may also be in breach of their duty of care if they give you medication that is known to interact with other medications that you are taking.

Breach of duty

In general, doctors have the obligation to their patients to provide treatment that meets the accepted standards of practice. This standard is set by current laws and guidelines developed by medical associations. If a doctor fails to meet this obligation is deemed negligent. A malpractice lawyer will review the evidence to determine whether the standard of care was violated.

A doctor may violate their duty of care in a variety of ways. It's not only about whether the doctor did something normal people would not do in the same circumstance but also things they should have done or did not do. It is often necessary to have expert witness testimony to determine what the accepted medical standard of care would be.

For example, a doctor who prescribes a medication known to interact with other drugs may have breached their duty. This is a common error which can have severe consequences for your health.

It is not enough to prove that malpractice took place. To be awarded damages, you need to prove an immediate link between the doctor's breach of duty and your injury or illness. This is called causation. In some instances it may be difficult to establish a causal link. A skilled malpractice attorney will do their best to locate the evidence needed to prove the connection.

Causation

A malpractice claim is valid only if the plaintiff can demonstrate that the defendant's negligence caused the injury and losses. Expert testimony is required to establish medical negligence. This requires proof that there was a patient-provider relation and that the doctor's actions violated the accepted standard of care. It is essential that the injury of an individual be directly related to the act or omission that violated the standard. This is known as causality or proximate causes.

It is crucial to prove that the lawyer's negligence resulted in significant negative consequences for you when proving legal malpractice. A lawsuit can be expensive, so you have to prove that your losses are more than the cost of the lawsuit. The plaintiff must also prove that negligence caused damages that are tangible and malpractice Attorney tangible.

In most malpractice cases the discovery process involves oral depositions. Your lawyer will represent you at these depositions, and ask questions of the experts in defense to challenge their findings and prove that the evidence supports your claims. It is vital to have a skilled medical malpractice lawyer on your side because establishing the four elements of malpractice, such as duty, breach the duty, causation and injury is time-consuming and complex. Your lawyer will be aware of each step of the process and can help you fulfill all requirements. The more steps you complete the better chance you are of winning your claim.

Damages

The amount of money a patient receives in a medical-malpractice case depends on their injury and the amount they require to pay medical bills or loss of income or other financial losses. In some cases there may be punitive damages given to the plaintiff in retaliation for the malpractice of the doctor. These are extremely rare, as doctors must have acted in recklessness or with intent to collect punitive damages.

The law requires that a person who claims medical malpractice must prove four elements or legal requirements: (1) there was an obligation of care on the part of the doctor; (2) the doctor did not fulfill this duty when he or she departed from the accepted standards of practice; (3) as a result of the doctor's breach, the victim suffered injury and (4) the injury is quantifiable in terms of a monetary amount. Additionally, the injured party must bring a lawsuit within the applicable statute of limitations which varies according to the state.

The law recognizes that certain medical negligence claims take a considerable amount of costs and time to resolve, especially those that deal with complex issues of proximate causes or foreseeability. Its aim is to grant victims the redress that they deserve, without allowing unjustified and opportunistic lawsuits clog up courts. It also aims to cut costs by requiring all defendants to be accountable for the outcome of a case (joint-and-several responsibility); restricting the amount plaintiffs can recover in the event that the other defendants aren't able to pay ("damage cap"); and preventing physicians from practicing defensive medical, which requires them to change their treatment plans in response to the threat or malpractice lawsuits.