Why Nobody Cares About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians fear malpractice lawsuits as a real threat. They can increase insurance costs and can affect the practice of medicine.

In general, doctors have obligations to their patients to adhere to accepted medical practices. This is known as the standard of care.

To sue a physician over malpractice, a patient has to be able to prove the following elements by 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. Medical malpractice claims are different from other types of negligence cases in that they often involve a physician-patient relationship that can be established by things like doctor's records or telephone consultations. In general, doctors who treat their patients must adhere to the accepted standards in their profession and practice.

However, doctors could be accountable for the wrongful actions of their staff members, such as assistants or interns. Additionally, they can be held accountable for the actions of emergency medical personnel working under their supervision.

The next element a plaintiff needs to establish is that the defendant did not meet the standard of care in the circumstances. This is only proven through expert testimony regarding acceptable medical practices, and the defendant's failure comply with these guidelines. The second element is that the breach directly hurts 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 death of a loved one. This concept is known as proximate causation. If, for instance the alleged negligent treatment was not able to have any negative impact on your health, irrespective of whether or not it was performed in a way that was harmful, you will not be able to be awarded damages for any injuries, or wrongful death that was allegedly caused by the doctor's actions.

Breach of Duty

A doctor who fails meet his or her obligation of professional care to a patient can be held accountable for negligence. To prevail in a medical malpractice law firms malpractice case the person who suffered must prove four things: that there was a duty of care, that the physician breached the obligation and the breach caused injuries, and then the injury resulted in damages. The primary element of a medical malpractice claim is the standard of care which is determined through expert testimony. The standard of care is what an "reasonably cautious" doctor would do under similar or identical circumstances.

A physician breaches this duty when he or she deviates from the standard of care when treating the patient. For instance, if the physician breaks the arm of a patient the doctor is not able to properly set the arm or fails to cast the broken arm. The doctor's breach of this duty causes the broken arm to heal improperly, resulting in partial or full loss of use and subsequent monetary damages.

Medical malpractice cases are filed in state trial courts, although under certain conditions, federal courts may also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that hears medical malpractice cases. A majority of states have a system of special state courts that deal with these cases, though they follow different court procedures than federal district courts.

Causation

Physicians take an oath to not cause harm, and if they fail to uphold the oath and cause injury, the patient may be entitled to compensation for any damages. A medical malpractice lawsuit could also arise when a doctor opts to carry out a procedure that is associated with risks and the patient would not have opted out of the procedure if they had been fully aware of all potential consequences.

In a case of medical malpractice the plaintiff must prove that the doctor's actions were not in accordance to accepted standards of practice. The failure to follow the standard of care was the sole cause of any injury or illness that the patient suffered, and the injury could not occur if it weren't because of the doctor's negligence. This burden of proof, known as "preponderance" of the evidence is less arduous than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and long discovery procedures prior to trial. Both sides invest a lot of time and money making preparations for a case whether it is settled or goes to court. This is the reason why malpractice claims can be costly for both the physician and the plaintiff involved. It is one of the primary reasons why doctors and health care groups support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, victims can seek compensatory or punitive damages. Compensatory damages compensate the patient for the financial loss or expenses caused by the negligence of the doctor. This includes income loss and future medical expenses. Non-economic damages may include reimbursement for physical and mental anguish.

Medical malpractice claims are filed in state trial courts. However, Medical malpractice there are instances where a suit could be filed in federal court. This is usually the situation when the doctor is employed by a federally-funded medical clinic like the Veteran's administration, or when the doctor is a resident of another country but practices in the United States as part of an extraterritorial treaty.

Medical malpractice lawsuits are adversarial and Medical malpractice require extensive legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical negligence might also have to face a jury trial, and face the possibility that their claim will be rejected by a judge or rejected by a jury.

You must demonstrate that medical negligence or error was the cause of the injury you suffered to win a case for medical negligence. The damage must be serious enough that a financial award would substantially make up for your financial losses as well as emotional stress. New York medical malpractice law also has specific damage caps, and other limits on the amount patients can be awarded should they be successful in filing claims.