Four Elements of a Medical Malpractice Case

Physicians worry about malpractice lawsuits as a real threat. They increase insurance costs and may alter medical practice.

In general doctors owe their patients the obligation to follow the accepted medical practices, without deviation or the slightest omission. This is known as the standard of care.

To successfully to sue a doctor for malpractice, the patient must be able to prove each of the following legal elements with the preponderance of evidence: breach of duty; breach of that duty, causation, and damages.

Duty of Care

The first aspect of a claim for medical malpractice is that the person who was injured was legally obligated by the doctor that was not met. Medical malpractice claims are different from other negligence claims in that they typically involve a patient-physician relationship, which is established by things like doctor's records or telephone consultations. In general, physicians who treat patients must adhere to accepted guidelines in their field and practice.

However, doctors may also be accountable for the wrongful actions of their staff members, including interns or assistants. In addition, they could be held liable for the actions of emergency medical personnel working under their supervision.

The plaintiff is then required to establish that the defendant's conduct did not comply with the standard of care under the circumstances. This element is only able to be proved through experts' testimony regarding acceptable louisville medical malpractice lawsuit practices, and the defendant's failure follow these standards. The second aspect is that the breach directly injured the patient. To prove that you have committed a crime your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of your loved one. This is referred to as causal proximate. If, for example, the alleged negligent act would not have had a negative effect on your health, regardless of whether or not it was done in a way that was harmful, you will not be able to be awarded damages for any injuries or death that was believed to be caused by the doctor's actions.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient could be held accountable for negligence. To prevail in a medical malpractice claim, the patient must prove four legal elements that a duty of care or professional care existed and the doctor violated this duty; the breach caused injuries; and the damage was a cause of damages. The first part of a medical malpractice claim centers around the standard of care, which is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or identical circumstances.

A physician breaches this duty when he or she strays from the normal care of the patient. If a doctor fractures the arm of a patient they may not be able to cast the patient correctly. A breach by a doctor can make the broken arm to heal in a wrong way. This can result in a partial or complete loss of use, as well as financial damages.

Medical malpractice cases are brought in state trial courtal negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the financial losses or expenses resulting from the negligence of the doctor. This includes the loss of income as well as future medical costs. Non-economic damages are compensation for physical pain and mental stress.

Medical malpractice lawsuits are usually filed in a state trial court. There are some situations where a lawsuit can be filed in federal courts. This is typically the case when a doctor is employed at a federally funded clinic, such as the Veteran's Administration, or where the physician is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories and requests for production of documents. Victims of alleged medical negligence might also have to deal with the stress of an open jury trial and could face the threat of being rejected by a judge or dismissed by the jury.

To win a medical malpractice claim, you must prove that the medical negligence or error caused your injury. The damage must be severe enough to warrant a financial award that would cover your financial losses and emotional distress. New York medical malpractice law also has specific damages caps, as well as other limits to the amount that an individual patient could be awarded if they successfully make an claim.