Four Elements of a Medical Malpractice Case Physicians fear malpractice lawsuits as real threats. They could increase the cost of insurance for doctors and alter the practice of medicine. In general, doctors have an obligation to their patients to follow accepted medical practices. This is referred to as the standard of care. To successfully to sue a doctor for malpractice, the patient must be able to prove each of the following legal elements with a preponderance of evidence: breach of duty, breach of that obligation; causation; damages. Duty of Care The primary element in a medical malpractice case is that the victim was owed a duty to a doctor that was breached. In contrast to other types of negligence cases Medical malpractice claims typically require an established relationship between the doctor and patient. This can be established through things like doctor's records or phone consultations. Generally, physicians who treat patients must adhere to the standards that are accepted in their profession and practice. Doctors may also be held responsible for the negligence or incompetence of their staff, for example, assistants or interns. Furthermore, they can be held accountable for the actions of emergency medical personnel working under their supervision. The plaintiff must then establish that the defendant's actions did not adhere to the standard of medical care in the circumstances. This is a fact that can be demonstrated with expert testimony about acceptable medical practices and the defendant's refusal to comply with these guidelines. The second element is that the breach directly harmed the patient. To prove malpractice your lawyer needs to prove that the breach of duty by the defendant directly caused your injury or the wrongful death of a loved one. This is called proximate cause. For instance, if the negligent treatment that was alleged to have occurred wouldn't have had a negative impact on your health regardless of whether it was done or not, then you wouldn't be able claim damages for any injuries or wrongful deaths that were believed to have been caused by the doctor's actions. Breach of Duty A doctor who fails fulfill their obligation of professional care to a patient could be held accountable for negligence. To win a medical negligence lawsuit the plaintiff must prove four things: that there was a duty of care, that the physician breached the obligation and that the breach resulted in injury and finally the injury caused damages. The standard of care is the main aspect in a medical malpractice case, and it's established by expert testimony. The standard of care is what a "reasonably cautious" doctor would do in similar or similar circumstances. A physician is in breach of this duty when he or her deviates from the standard of care when treating the patient. For example, if the physician breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal in a wrong way. This can lead to either a complete or partial loss of use and financial damages. Medical malpractice cases are brought in state trial courts, although under certain circumstances federal courts can also consider these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that handles medical malpractice cases. Many states have a distinct system of state courts that handle these cases. However, they have different rules for court procedures than federal district courts. Causation Doctors swear to protect their patients and if they fail in their duty to uphold this duty and cause harm patients may be entitled to compensation for the damages. Medical malpractice claims can be brought up when a doctor opts to carry out a procedure that carries known risks, and the patient could have refused the procedure had they been fully informed of the potential consequences. In a lawsuit for medical malpractice the plaintiff must demonstrate that the doctor did not act in accordance with accepted standards of practice. This breach must have been the main cause of any illness or injury suffered by the patient and the injury would not be the case if it wasn't for the physician’s negligence. This burden of proof is also known as the "preponderance of evidence" standard that is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants. The lawsuits that allege medical malpractice usually require expert witnesses and lengthy pre-trial discovery hearings. If the case is settled or goes to trial, attorneys from both sides spend considerable time and resources in preparing for the matter. This is one reason why malpractice claims are expensive for both the patient and the doctor involved, and is one of the reasons that doctors and health care groups are a part of efforts to reform tort law in the United States. Damages Victims can be awarded damages for punitive or compensatory, based on the kind of medical negligence. Compensation damages are awarded to compensate the patient for the monetary losses or expenses resulting from the negligence of the doctor. This includes loss of income and future medical expenses. Non-economic damages include compensation for physical pain and mental stress. Medical malpractice lawsuits are filed in state trial courts. However, there are situations where a lawsuit can be filed in federal court. It is usually the case when doctors are employed by a federally-funded medical clinic such as the Veteran's Administration or if the doctor is from another country but is practicing in the United States as part of an agreement that confers extraterritorial authority. Lawsuits alleging medical malpractice are generally adversarial and involve large amounts of legal discovery. This includes depositions, written interrogatories, and requests for the production of documents. The victims of alleged medical negligence could also have to stand trial before a jury, and face the possibility of having their claim rejected by a judge or rejected by a jury. You must demonstrate that medical negligence or mistake caused the injury you suffered to win a lawsuit for medical malpractice. The injury must be significant enough that a cash award will substantially compensate for your financial losses and emotional distress. New York medical malpractice law also includes certain damage caps, as well as restrictions on the amount an individual patient could be awarded if they successfully make claims.