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Four Elements of a Medical Malpractice Case

Physicians are worried about malpractice lawsuits because they pose a real threat. They can increase insurance costs and can affect the way doctors practice.

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

To successfully to sue a doctor for malpractice, the patient must prove each of the following legal elements using a preponderance of the evidence: breach of duty, breach of duty, causation, and damages.

Duty of Care

The primary element of a medical malpractice claim is that the injured party was bound by a duty of the doctor that was not met. Unlike some types of negligence cases, medical malpractice attorneys malpractice claims often require a physician-patient relationship, which can be 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, including assistants and interns. They could also be held accountable for the actions of emergency personnel who are under their supervision.

The next thing that a plaintiff has to prove is that the defendant did not adhere to the standard of care in the specific circumstances. This element can be proven with expert testimony about acceptable medical practices and the defendant's inability to follow these standards. The second aspect is that the breach directly affected the patient. To prove that you have committed a crime your lawyer must to show that the breach of duty by the defendant directly caused your injury or the death of your loved one. This is called proximate cause. For example, if the negligent treatment that was alleged to have occurred wouldn't have had an adverse effect on your health irrespective of whether it was done or not, you won't be able to win damages for any injuries or wrongful deaths that were allegedly caused by the conduct of the physician.

Breach of Duty

A doctor who fails to fulfill their obligation of professional care to a patient could be held accountable for negligence. To prevail in a medical malpractice lawsuit, the injured person must prove four legal elements that a duty of care or professional care was in place; the physician breached this obligation; the breach led to injury; and the result led to damages. The first aspect of a medical malpractice claim revolves around the standard of care that is determined by expert testimony. The standard of care is the amount a "reasonably prudent" doctor would do under similar or identical circumstances.

The physician's violation of this obligation occurs when he or she deviates from the standard of care in giving treatment to the patient. For instance, when a doctor breaks the arm of a patient, the doctor fails to correctly set it or fails to cast the broken arm. The doctor's breach of this obligation causes the broken part to heal incorrectly, resulting in partial or full loss of use, and further financial damages.

Medical malpractice cases are filed in state trial courts. However, medical Malpractice under certain circumstances federal courts are also able to be able to hear these cases. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. A majority of states have a system of special state courts that deal with these cases, but with different rules for court procedure than federal district courts.

Causation

Physicians take an oath to avoid harm, and should they violate this obligation and cause injury patients may be entitled to compensation for damages. A medical malpractice claim may be brought up when a doctor chooses to perform a treatment that carries known risks, and the patient could have refused the procedure had they been fully informed of all possible consequences.

The plaintiff in a medical malpractice case must show that the doctor did not follow accepted guidelines for medical malpractice practice, and that the doctor's negligence was a direct cause for the injury or illness the patient suffered 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 the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often involve expert witnesses and lengthy pretrial discovery procedures. Whether the case is settled or goes to trial, the lawyers on both sides have to spend substantial time and resources in preparation for the case. This is one of the main reasons why malpractice claims can be so costly for both the plaintiff and the doctor affected, and is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Victims can be awarded damages for punitive or compensatory, based on the nature of medical malpractice. Compensatory damages pay 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 could include reimbursement for physical and mental stress.

Medical malpractice lawsuits are usually filed in a state court of trial. However, there are situations where a suit could be filed in federal court. This is typically where a physician is employed by a federally funded facility like the Veteran's Administration, or if the physician is from another country but is practicing in the United States under a treaty of extraterritorial jurisdiction.

Lawsuits alleging medical malpractice are mostly adversarial and require significant legal discovery. This includes depositions, written interrogatories and requests for the production of documents. Victims of alleged medical malpractice (en.easypanme.Com) also may have to endure the pressure of an open jury trial and could be in danger of having their claim dismissed by a judge or rejected by the jury.

To win a medical malpractice claim, you must show that the medical negligence or error caused your injury. The damage must be serious enough that a cash award is sufficient to cover your financial losses and emotional trauma. Furthermore, New York medical malpractice laws have specific damages caps and other limitations on the amount which can be awarded to a patient who is successful in filing a claim.