10 Things You Learned From Kindergarden Which Will Aid You In Obtaining Medical Malpractice Litigation
Four Elements of a Medical Malpractice Case
Malpractice lawsuits pose a real and feared threat for physicians. They can increase insurance costs and can alter the way doctors practice.
In general, doctors are under the obligation to their patients to follow accepted medical practices. This is referred to as the standard of care.
To successfully sue a doctor for malpractice, an aggrieved patient must prove each of the following legal elements by the preponderance evidence: breach of that duty; causation; damages.
Duty of Care
The most important element of a medical negligence claim is that the person who was injured was obliged to perform a duty by the doctor that was not met. Medical malpractice claims are different from other types of negligence claims in that they often in...