10 Apps That Can Help You Manage Your Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Malpractice lawsuits are a serious and serious threat to doctors. They can increase insurance costs for physicians and change the way they practice medicine.

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

To successfully to sue a doctor for malpractice, the patient must demonstrate each of the following legal elements by a preponderance of evidence: breach of obligation; causation; damages.

Duty of Care

The most important element of a medical malpractice case is that the person who was injured was owed a duty by the doctor that was breached. Medical malpractice cases differ from other types of negligence cases in that they usually involve a physician-patient relationship that can be established by things like doctor's records or telephone consultations. In general, doctors who treat patients must adhere to the standards that are accepted in their profession and practice.

Doctors may also be held liable for the negligence or incompetence of their staff members, including assistants and interns. They can also be held accountable for the actions of emergency personnel working under their supervision.

The next thing that a plaintiff has to prove is that the defendant failed to meet the standards of care under the circumstances. This can only be proven by expert testimony regarding acceptable medical practices and the defendant's refusal to adhere to these standards. The second aspect of malpractice is that the breach directly caused injury to the patient. To prove this your lawyer must prove the direct causality and impact between the defendant's breach of duty and your injuries or loved one's wrongful death. This concept is known as the proximate cause. For example, if the alleged negligent treatment wouldn't have had a negative impact on your health regardless of whether it was performed or not, you won't be able to recover damages for any injuries or wrongful deaths that were resulted from the negligence of the doctor.

Breach of Duty

Physicians who fail to fulfill their obligation of professional care to a patient may be held accountable for negligent behavior. In order to prevail in a medical malpractice lawsuit, the injured person must prove four legal aspects which include: a duty to provide professional care was in place and the physician violated this duty; the breach caused injury; and the result led to damages. The first element of a medical malpractice lawsuit is the standard of care that is determined by expert testimony. The standard of care is the amount a "reasonably cautious" doctor would do under similar or identical circumstances.

The breach of this duty occurs when he or she violates the standard of care while rendering treatment to the patient. For instance, if a physician breaks a patient's arm, the doctor fails to correctly set it or fails to cast the broken arm. The doctor's infraction of this duty causes the injured arm to heal improperly, which results in the complete or partial loss of use and subsequent monetary damages.

In most instances, medical malpractice lawyers malpractice lawsuits are filed in state trial courts. However in certain situations federal courts can hear these claims. The 94 federal districts courts across the United States each have a jury panel and judge that is responsible for hearing these cases. The majority of states have a special system of state courts that deal with these matters. They do however, follow different rules of court procedure than federal district courts.

Causation

A patient could be entitled to compensation for damages if doctors fail to fulfill their obligation to prevent harm. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure that is associated with risks and the patient would have opted to not undergo the procedure if fully informed of the potential consequences.

The plaintiff in a medical malpractice lawsuit must prove that the physician failed to follow accepted standards of practice, that this negligence was a direct cause of the injury or illness that the patient was suffering from, and that the injury could not have occurred except because of the negligence of the doctor. This burden of proof, also known as "preponderance" of the evidence is less demanding than "beyond reasonable doubt" that is required to convict criminal defendants.

Medical malpractice lawsuits typically require expert testimony and lengthy pretrial discovery processes. If the case is settled or goes to trial, the attorneys on both sides invest considerable time and resources in preparing for the matter. This is why malpractice cases can be expensive for both the physician and the plaintiff involved. It is also one of the main reasons that doctors and health care groups support efforts to reform the tort laws in the United States.

Damages

Based on the nature of medical negligence, the victims can recover compensatory and punitive damages. Compensation damages compensate victims for financial losses and costs caused by the negligence of a physician which includes loss of income or expense of future medical treatment. Non-economic damages may include the compensation for physical and mental stress.

Medical malpractice claims are usually filed in a state trial court. However, there are some instances in which a lawsuit may be filed in federal court. This is typically the situation where a physician is employed by a federally-funded clinic like the Veteran's Administration, or if the doctor is from a different country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Medical malpractice lawsuits are largely adversarial in nature and require significant legal discovery. This includes written interrogatories, depositions, and requests for the production of documents. The victims of medical negligence could also have to endure a jury trial and may be in danger of their claim being denied by a court or dismissed by a jury.

To be successful in a medical malpractice claim, you must prove that the error or negligence of a medical professional caused your injury. The injury has to be severe enough to warrant a monetary settlement that will cover your financial losses and emotional trauma. New York medical malpractice law also has certain damages caps, as well as other limitations on the amount a patient can receive after proving a claim.