Why Nobody Cares About Medical Malpractice Litigation
Four Elements of a Medical Malpractice Case
Physicians worry about malpractice lawsuits as an actual threat. They can increase insurance costs and could alter the way doctors practice.
In general, doctors have the obligation to their patients to follow accepted medical practices. This is referred to as the "standard of care.
To successfully to sue a doctor for malpractice, the patient must be able to prove each of the following legal elements by a preponderance of evidence: duty; breach of duty, causation, and damages.
Duty of Care
The most important element in a medical malpractice case is that the person who was injured was owed a duty by a doctor that was violated. Medical malpractice cases differ from other types of negligence cases in that they typically involve a patie...