It's The Ugly Real Truth Of Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and real threat to physicians. They can raise insurance costs for doctors as well as alter the medical practice.

In general doctors owe patients the duty to uphold the medical standards that are accepted without deviation or omission. This is referred to as the standard of care.

To successfully sue a doctor for negligence, the patient must prove each of the following legal elements by a preponderance of the evidence: breach of duty; breach of that duty; causation; damages.

Duty of Care

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

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

The next thing that a plaintiff must prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This can be proved with expert testimony about acceptable medical practices and the defendant's failure to follow these standards. The second element of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must demonstrate an immediate cause and effect between the defendant's dereliction of duty and your injuries or loved one's untimely death. This concept is known as proximate causation. For instance, if the alleged negligent treatment wouldn't have had a negative impact on your health, regardless of whether it was done or not, you wouldn't be able claim damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who does not fulfill their duty of care to the client could be held accountable for their negligence. To win a medical malpractice lawsuit the person who suffered must prove four things: that a duty of care existed, that the physician breached the duty and that the breach caused injury and finally the injury resulted in damages. The first element of a medical malpractice lawsuit revolves around the standard of care which is determined through experts' testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or similar circumstances.

The breach of this obligation occurs when he or she is not following the standard of care while providing treatment to the patient. For instance, if the physician breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A doctor's breach causes the injured arm to heal incorrectly. This could result in an incomplete or total loss of use, and monetary damages.

Medical malpractice cases are filed in state trial courts. However, under limited circumstances federal courts can also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. The majority of states have a system of state courts that are specialized to handle these cases, though they follow different court procedures than federal district courts.

Causation

A patient may be entitled compensation for damages if doctors fail to fulfill their obligation to avoid harm. Mountain home medical malpractice law firm malpractice claims could also arise if the doctor is performing a procedure that has known risks and the patient wouldn't have consented to the procedure had they been fully informed.

In a medical malpractice lawsuit the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. The failure to follow the standard of care must have been the primary cause of any illness or injury sustained by the patient and the injury would never be the case if it wasn't for the physician’s negligence. This burden of proof is known as the "preponderance of evidence" standard that is less arduous than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides spend a lot of time and resources in the preparation of a case, whether it is settled or if it goes to court. This is a major reason why malpractice claims are expensive for both the plaintiff and the doctor involved, and it is one of the main reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Victims can be awarded compensation or punitive damages based on the nature of medical malpractice. Compensation damages compensate victims for financial losses and expenses caused by the negligence of a physician for example, loss of income or the cost of future bastrop medical malpractice law firm treatments. Non-economic damages are compensation for physical pain and mental stress.

Medical malpractice lawsuits are typically filed in a state court of trial. There are certain situations in which the lawsuit may be filed in federal courts. This is typically the situation where a physician is employed by an institution that is funded by federal funds such as the Veteran's Administration, or where the doctor is from a different 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 written interrogatories, depositions, as well as requests for documents. The victims of alleged medical negligence may also have to go through a jury trial, and face the possibility of having their claim rejected by a judge, or dismissed by a jury.

You must demonstrate that medical negligence or error caused your injury in order to be awarded an action for medical malpractice. The injury must be severe enough that a financial settlement will substantially compensate for your financial losses as well as emotional trauma. Furthermore, New York medical malpractice laws have damage caps as well as other limits on the amount that could be awarded to a patient who is successful in bringing a claim.