Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can increase the cost of insurance for doctors and alter the way they practice medicine.

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

To sue a doctor for malpractice, a patient has to be able to prove the following elements by a majority: breach of duty, duty of duty, causation and damages.

Duty of Care

The first element in a medical malpractice case is that the person who was injured was owed a doctor's duty which was not fulfilled. Medical malpractice cases differ from other types of negligence cases in that they often involve a physician-patient relationship, which can be established through things like doctor's records or telephone consultations. In general, physicians who treat their patients must adhere to the accepted standards in their profession and practice.

Doctors could also be held liable for the incompetence or negligence of their staff members, like assistants or interns. They can also be held responsible for the actions of emergency personnel under their supervision.

The plaintiff must then establish that the defendant's actions didn't meet the standard care under the circumstances. This can only be proven with experts' testimony regarding acceptable medical practices, and the defendant's refusal to comply with these guidelines. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove malpractice the lawyer you hire to show that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This concept is known as causal proximate. For example, if the alleged negligent treatment wouldn't have had an adverse effect on your health, regardless whether it was performed or not, you wouldn't be able to win damages for any injuries or deaths that were allegedly caused by the physician's conduct.

Breach of Duty

A physician who fails in their duty of care to the client may be held accountable for negligence. To prevail in a medical malpractice case, the injured patient must prove four legal aspects which include: a duty to provide professional care was in place; the physician breached this obligation; the breach led to injury; and the result was a cause of damages. The standard of care is the first aspect in a medical malpractice case, and it is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would do in the same or similar circumstances.

The breach of this obligation occurs when he/she deviates from the standard of care when rendering treatment to the patient. For instance, if a physician breaks the arm of a patient when he is not able to properly set the arm or fails to cast the broken arm. The doctor's infraction of this duty causes the broken arm to heal improperly, medical malpractice lawyer resulting in a complete or partial loss of use and monetary damages.

In most cases, medical malpractice claims are filed in state trial courts. However in certain situations federal courts can be able to hear these cases. The 94 federal district courts across the United States each have a jury panel with a judge who decides on these cases. The majority of states have special state courts that deal with these cases, though they follow different rules of court procedure than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if medical professionals fail to perform their obligation to avoid harm. A medical malpractice claim may also arise when a doctor decides to administer a procedure that carries known risks, and the patient could have refused the procedure if they had been fully informed of the potential consequences.

The plaintiff in a case of riverton medical malpractice lawsuit malpractice must prove that the doctor failed to comply with accepted standards of practice, that this failure was a direct cause for the illness or injury the patient was suffering from, and that the injury would not have happened but because of the negligence of the doctor. This burden of proof is referred to as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard required to convict criminal defendants.

The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a lot of time and resources in prepping for a trial, whether it's settled or if it goes to court. This is why malpractice claims can be so expensive for both the plaintiff and physician involved. It is one of the primary reasons that doctors and health organizations are in favor of efforts to change tort laws in the United States.

Damages

Depending on the type of indianapolis medical malpractice attorney negligence, the victims may be able to recover punitive and compensatory damages. Compensation damages compensate the victim for the financial loss or expenses resulting from the doctor's negligence. This includes income loss and future medical expenses. Non-economic damages are compensation for physical pain and mental distress.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are some instances where a lawsuit can be filed in federal court. This is typically where a physician is employed by a federally-funded clinic such as the Veterans' Administration, or if the doctor is from another country, but is working in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits claiming medical malpractice are largely adversarial in nature and require an extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of alleged medical malpractice attorney negligence may also be required to go through a jury trial and are at risk of their claim being denied by a court or dismissed by a juror.

You must demonstrate that medical negligence or error caused your injury in order to be awarded a case for medical negligence. The injury must be severe enough that a financial award would substantially make up for your financial losses and emotional trauma. New York medical malpractice law also has specific damages caps, as well as other limitations on the amount a patient can receive should they be successful in filing a claim.