Explore tens of thousands of sets crafted by our community.
Medical Malpractice Elements
10
Flashcards
0/10
Duty of Care
Doctors and healthcare providers are required to act with the same level of care and skill that a similarly trained and experienced professional would under similar circumstances. Example: A surgeon must sanitize instruments before operating to prevent infections.
Informed Consent
Patients should be provided with enough information to make an educated decision about their healthcare, and the lack thereof can be a form of malpractice. Example: Failing to inform a patient about the risks of a certain surgical procedure.
Res Ipsa Loquitur
This doctrine applies when the injury would not ordinarily have occurred in the absence of negligence, and the healthcare provider had exclusive control over the cause of injury. Example: A surgical instrument left inside a patient after surgery.
Injury
For a medical malpractice claim, there must be a demonstrable injury that resulted from the negligence. Example: A patient suffering from nerve damage after a surgical procedure where a surgeon cut the wrong area.
Statute of Limitations
There is a time limit within which a medical malpractice suit can be filed, varying by jurisdiction. Example: A patient discovers an injury due to malpractice but cannot file a suit because the statute of limitations expired.
Causation
The plaintiff must prove that the healthcare professional's breach of duty directly caused the injury or harm suffered. Example: If a patient is treated with a contaminated instrument leading to an infection, the causation is the use of the unsanitized tool.
Damages
The injury must have led to specific damages, such as pain, suffering, additional medical bills, or loss of earning capacity. Example: A misdiagnosis leads to unnecessary chemotherapy, causing severe side effects and financial loss.
Breach of Duty
A breach of duty occurs when a medical professional fails to adhere to the standard of care, acting negligently or differently than a competent doctor would. Example: An anesthesiologist administers too much anesthesia, causing harm to the patient.
Expert Testimony
Medical malpractice cases often require testimony from a medical expert to establish the appropriate standard of care and show how it was breached. Example: A cardiology expert testifying that the standard of care was not met in a heart surgery.
Comparative Negligence
In some cases, the patient's own negligence may contribute to the harm suffered, potentially reducing the compensation. Example: A patient fails to follow post-op instructions, leading to complications that worsen their condition.
© Hypatia.Tech. 2024 All rights reserved.