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Medical MalpracticeThe doctor-patient relationship has been defined differently through the years In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients Laws were developed to protect patients therefore doctors used proper care and expert skill In the past six centuries medical malpractice has increased which lead to revision and addition to the law Liability was introduced along with the GIANT of all torts negligence Now in todays society a doctors duty is to use reasonable care skill and judgment in the practice of hisher profession and when negligent take full responsibility What is malpractice Malpractice is negligence Negligence is a tort A tort is a civil wrong therefore malpractice is a civil wrong In its simplest terms malpractice has four essential elements 1 Duty Every health care provider assumes a duty when starting consultations diagnosis or treatment of a patient The duty arises from an expressed or implied contract 2 Breach For example if you fail to make a correct diagnosis once you have assumed the duty to do so you have created a breach of duty due and owing to the patient 3 Causal Connection Your failure to correctly diagnose duty you breached the duty due and owing to the patient and as a direct and proximate cause of your breach caused damages 4 Damages The result of your failure to diagnose correctly the patient sustained damages in the form of an additional hospital stay complications that may or may not be of a permanent and continuing nature Brooten Jr Kenneth E p 1Negligence is the most common civil suit filed against doctors Liability for negligence will not be found unless the following factors are present a the defendant must owe a duty to the plaintiff to exercise care b the defendant must breach the standard of care established by law for hisher conduct c the plaintiff must suffer loss or
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