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Four Elements of a Medical Malpractice Case

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

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

To sue a physician for malpractice, a patient must 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 victim was owed a duty of a doctor that was violated. Unlike some types of negligence cases youngtown medical malpractice attorney malpractice claims typically involve the existence of a physician-patient relationship, which is established through 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 incompetence or negligence of their staff, like assistants or interns. In addition, they may be held accountable for the actions of emergency medical personnel under their supervision.

The plaintiff has to prove that the defendant's actions didn't meet the standard care under the circumstances. This is a fact that can be demonstrated by expert testimony regarding acceptable medical practices and the defendant's failure to comply with these guidelines. The second factor is that the breach directly injured the patient. To prove this your lawyer must demonstrate the direct causality and impact between the defendant's breach of duty and your injury or loved one's death. This concept is known as the proximate cause. If, for example, the alleged negligent act would not have had a negative effect on your health, irrespective of whether or not it was performed or not, you aren't able to win damages for any injuries, or wrongful death, that were allegedly caused by the doctor's conduct.

Breach of Duty

A doctor who fails fulfill his or her duty of professional care to a patient can be held accountable for negligence. To win a medical malpractice lawsuit, the injured party must prove four elements: that a duty of care existed and that the doctor breached the duty, that the breach resulted in injuries, and then the injury caused damages. The standard of care is the primary component in a garden city medical malpractice law firm negligence case, and it is determined by expert testimony. The standard of care is the amount a "reasonably prudent" doctor would do in similar or similar circumstances.

A physician violates this duty when he or her deviates from the norm of care while treating the patient. If a doctor breaks the arm of a patient, the doctor may fail to cast the patient correctly. The physician's failure to perform this duty causes the broken arm to heal improperly, which results in the complete or partial loss of use and subsequent financial damages.

Medical malpractice cases are filed in state trial courts, although in certain circumstances, federal courts may also take on these cases. The 94 federal district courts across the United States each have a jury panel and judge that decides on these cases. Most states have state courts that are specialized to handle these cases, but with different court procedures than federal district courts.

Causation

Physicians swear to not cause harm, and if they fail to uphold that duty and cause injury, a patient may be entitled to compensation for the damages. A medical malpractice lawsuit could be brought up when a doctor decides to perform a procedure which has known risks and the patient would have declined the procedure had they been fully informed of the potential consequences.

In a case of medical malpractice the plaintiff must demonstrate that the doctor's actions were not in accordance with accepted standards of practice. This breach must have been the primary cause of any illness or injury suffered by the patient and the injury could not have occurred but because of the negligence of the physician. The burden of proof, referred to as "preponderance" of evidence is less demanding than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits often involve expert witness testimony as well as lengthy discovery procedures prior to trial. If the case settles or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the trial. This is why malpractice claims can be so expensive for both the physician and the plaintiff involved. It is one of the primary reasons that doctors and health care organizations support efforts to reform the tort laws in the United States.

Damages

Depending on the type of medical negligence, victims are able to seek punitive and compensatory damages. Compensation damages compensate victims for the financial losses and expenses caused by the physician's negligence for example, loss of income or the costs of future medical care. Non-economic damages include the payment of physical and mental stress.

Medical malpractice lawsuits are filed in state trial courts. However, there are some instances where a suit could be filed in federal court. It is usually the case when doctors are employed by a federally-funded clinic such as the Veteran's Administration, or when the doctor is a resident of other country, but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This may include written interrogatories as well as depositions as well as requests for documents. Victims of alleged medical negligence might also have to deal with the pressure of an open jury trial and could face the threat of having their claim dismissed by a judge or dismissed by jurors.

To be successful in a appleton medical malpractice lawsuit (vimeo.com) malfeasance claim, you must prove that the medical error or negligence caused your injury. The injury must be serious enough to warrant a financial award that would cover your financial losses and emotional pain. New York medical malpractice law also has specific damages caps, as well as other restrictions on the amount an individual patient could be awarded when they are successful in bringing a claim.