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Medical Malpractice Elements Pt. 2

Medical Malpractice Elements Pt. 2

According to the Cornell Law School Legal Information Institute malpractice is defined as: “The tort committed when a professional fails to properly execute their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. Malpractice suits are most common against doctors”. A previous article discussed two of the four medical malpractice elements in a medical malpractice claim. These elements are:

  1. Doctor-patient relationship,
  2. Negligence,
  3. Causation and
  4. Damages

That article discusses the two elements of doctor-patient relationship and negligence. This article will discuss the two elements of causation and damages.

Medical Malpractice Elements: Causation

The Cornell Law School Legal Information Institute defined the term causation as the actual cause. It also defines causation as “a factor without which the result in question could not happen.”

It must be noted that causation is particularly difficult to prove in medical malpractice cases. This is because many patients have an existing medical problem or condition when they seek treatment. Because of this aspect or underlying medical problem the assistance of a medical expert is required. The medical expert must link the current medical problem with the actions of the doctor. And show that the harm caused has nothing to do with the previous medical problem.

Medical Malpractice Elements: Damages

Damages basically mean that the patient suffered in some way. Injured patients may have damages that include medical expenses or lost wages. However, they are not limited to that. Other damages include the following:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Disfigurement
  • Future medical expenses
  • Future loss of earning capacity

Medical malpractice is one of the most complex areas of personal injury law. Therefore, seek legal advice for your medical malpractice case. For legal advice and representation by a personal injury lawyer medical malpractice contact a law firm specializing in medical malpractice.




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