Four Elements of a Medical Malpractice Case Physicians are worried about malpractice lawsuits because they pose real threats. They can increase the cost of insurance for doctors as well as alter the medical practice. In general doctors owe patients a obligation to adhere to the medical standards that are accepted without any deviation or the slightest omission. This is known as the standard of care. To sue a doctor for malpractice, the patient must demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation and damages. Duty of Care The first thing to consider in a medical malpractice case is that the injured person was owed a duty by a doctor which was not fulfilled. In contrast to other types of negligence cases medical malpractice claims typically require an established relationship between the doctor and patient. This is established through things like doctor's records or phone consultations. In general, physicians who treat patients must adhere to accepted guidelines in their field and practice. Doctors can also be held responsible for the incompetence or negligence of their staff members, such as interns or assistants. Additionally, they can be held liable for the actions of emergency medical personnel who are under their supervision. The next thing the plaintiff must prove is that the defendant did not satisfy the standard of medical care in the particular circumstances. This element can only be proven by expert testimony on acceptable medical practices and the defendant's reluctance to adhere to these guidelines. The second element is that the breach directly hurts the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's failure to perform his duty and your injury, or your loved one's untimely death. This is called proximate cause. For example, if the negligence alleged by the defendant wouldn't have had a negative effect on your health regardless of whether it was done or not, then you wouldn't be able to claim damages for any injuries or deaths that were allegedly caused by the doctor's actions. Breach of Duty A physician who fails to meet their duty of care to the client may be held accountable for negligence. To be successful in a medical malpractice case, the injured patient must prove four legal elements: a duty of professional care was owed and the physician violated this obligation; the breach led to injury; and the injury was a cause of damages. The primary element of a medical malpractice case revolves around the standard of care which is determined by expert testimony. The standard of care is the amount a "reasonably prudent" doctor would do under similar or similar circumstances. The physician's violation of this duty is when he or she deviates from the standard of care while giving treatment to the patient. For example, if the doctor breaks the arm of a patient and 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 the complete or partial loss of use, and further financial damages. In the majority of instances, medical malpractice lawsuits are filed with state trial courts. However under certain circumstances, federal courts can also be able to hear these cases. The 94 federal district courts across the United States each have a jury and judge panel that decides on these cases. The majority of states have a system of specialized state courts that handle these cases, but with different court procedures than federal district courts. Causation Physicians swear to not cause harm, and should they violate that duty and cause injury patients may be entitled to compensation for damages. Medical malpractice claims can also be brought when a doctor performs a treatment with known risks and the patient would not have consented to the procedure if they had been fully informed. The plaintiff in a medical malpractice case must prove that the physician failed to adhere to accepted guidelines for practice, and that this failure was a direct cause of the injury or illness that the patient suffered and that the ailment could not have occurred except because of the negligence of a physician. This burden of proof, also known as "preponderance" of evidence, is less burdensome than "beyond reasonable doubt" which is needed to convict criminal defendants. Medical malpractice lawsuits typically include expert witnesses and lengthy pre-trial discovery hearings. Both sides invest a lot of time and money preparing for a case, whether it's settled or if it is a court case. This is one reason that malpractice claims are costly for both the plaintiff and the doctor involved, and is one of the reasons that physicians and health care organizations support efforts to reform tort law in the United States. Damages Victims can be awarded compensation or punitive damages based on the type of medical malpractice. Compensation damages compensate the patient for the monetary losses or expenses caused by the doctor's negligence. This includes income loss and future medical costs. Non-economic damages can include the compensation for physical and mental stress. Medical malpractice lawsuits are usually filed in a state court of trial. There are some situations where an action can be filed in federal courts. This is usually the situation when the doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is from another country but practices in the United States as part of an extraterritorial treaty. Medical malpractice lawsuits are largely adversarial in nature and involve an extensive legal discovery. This includes written interrogatories and depositions as well as requests for documents. The victims of medical negligence may also have to stand trial before a jury and may be in danger that their claim will be rejected by a judge, or dismissed by a juror. You must establish that medical negligence or mistake caused your injury to be able to make an action for medical malpractice. The injury must be serious enough to warrant a monetary award that covers your financial losses as well as emotional stress. In addition, New York medical malpractice laws have damage caps as well as other limits on the amount that may be awarded to a person who successfully makes a claim.