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Medical Malpractice Elements

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Duty of Care

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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.

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Informed Consent

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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.

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Res Ipsa Loquitur

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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.

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Injury

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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.

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Statute of Limitations

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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.

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Causation

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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.

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Damages

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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.

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Breach of Duty

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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.

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Expert Testimony

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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.

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Comparative Negligence

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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.

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