Why No One Cares About Medical Malpractice Litigation

Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as an actual threat. They drive up physician insurance costs and may alter the way doctors practice.

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

To successfully bring a lawsuit against a doctor who has committed negligence, the patient must be able to prove each of the following legal elements using a preponderance of the evidence: duty; breach of that duty; causation; and Medical Malpractice damages.

Duty of Care

The primary element of a medical malpractice claim is that the person who was injured was obliged to perform a duty by the doctor that was violated. Unlike some types of negligence cases medical malpractice claims typically require the existence of the relationship between a doctor and patient, which can be established through things like doctor's records or telephone consultations. Generally, physicians who treat patients must follow the accepted standards of their profession and practice.

Doctors could also be held responsible for the incompetence or negligence of their staff, for example, assistants or interns. In addition, they may be held liable for the actions of emergency medical personnel under their supervision.

The plaintiff must then establish that the defendant did not adhere to the standard of medical care in the circumstances. This can only be proven by expert testimony about acceptable medical malpractice attorneys practices, and the defendant's inability to comply with these guidelines. The second aspect of malpractice is that this breach directly caused injury to the patient. To prove this, your lawyer must show a direct cause and effect between the defendant's breach of duty and your injury or your loved one's untimely death. This is referred to as causal proximate. For example, if the negligence alleged by the defendant wouldn't have had an adverse impact on your health irrespective of whether it was done or not, you would not be able claim damages for any injuries or deaths that were allegedly resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill their duty of care to clients can be held liable for negligence. To prevail in a medical negligence lawsuit, the injured party must prove four things: that there was a duty of medical care and the doctor breached the obligation, that the breach caused injuries, and then the injury caused damages. The primary element of a medical malpractice lawsuit revolves around the standard of care which is determined through experts' testimony. The standard of care is defined as the things that is what a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician breaches this duty when he or she deviates from the normal care of the patient. If a doctor fractures the arm of a patient, they might fail to cast the right way. The physician's failure to perform this duty causes the broken arm to heal improperly, resulting in a complete or partial loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, but under certain conditions federal courts can also hear these claims. The 94 federal districts courts across the United States each have a jury and judge panel that is responsible for hearing these cases. A majority of states have special state courts that deal with the cases, although they have different rules for court procedure than federal district courts.

Causation

A patient could be entitled to compensation for any damages suffered by the doctor fails to meet their obligation to prevent harm. A medical malpractice claim can also be brought when a doctor administers a procedure with known risks, and the patient wouldn't have consented to the procedure if they had been fully informed.

The plaintiff in a medical negligence case must show that the doctor failed to follow accepted standards of practice, that the doctor's negligence was a direct cause of the injury or illness the patient was suffering from and that the ailment 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 arduous than "beyond reasonable doubt" which is needed to convict criminal defendants.

Medical malpractice lawsuits typically involve expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and resources in prepping for a trial, whether it's settled or if it goes to court. This is one reason why malpractice claims can be so costly to both the plaintiff and the medical professional involved, and it is one of the reasons that doctors and health care organizations support efforts to change tort law in the United States.

Damages

Victims can receive compensation or punitive damages based on the nature of medical negligence. Compensation damages are awarded to compensate the patient for the monetary losses or expenses caused by the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages may include reimbursement for physical and mental suffering.

Medical malpractice claims are generally filed in a state court of trial. However, there are certain situations where a lawsuit can be filed in federal court. This is typically the case when doctors are employed by a federally-funded clinic such as the Veterans Administration, or in the case of a doctor who is from other country, but practices in the United States as part of a treaty with extraterritorial authority.

Medical malpractice lawsuits are generally adversarial and require large amounts of legal discovery. This includes written interrogatories and depositions, as well as requests for documents. Patients who are accused of medical malpractice also may have to endure the stress of an open jury trial and could risk having their claim rejected by a judge or dismissed by the jury.

You must establish that medical negligence or mistake caused the injury you suffered to win a case for medical negligence. The injury must be significant enough that a financial settlement will significantly compensate for your financial losses and emotional pain. New York medical malpractice law also includes certain damage caps, Medical malpractice and other limits to the amount that a patient can receive if they successfully make claims.