1 Malpractice Manual Salvador Fernandez, Shannon Hardy, Kerry Sullivan, Kenessa Surrat, Jennier Taft HCS/545 March6, 2017 Rick Nordahl
2 Malpractice Manual Medical malpractice refers to negligence by a health care professional in which the treatment provided to the patient was below standard or the treatment provided cause the patient harm, injury or even death. There are many things that are the cause of medical malpractice some of which are: medical errors in diagnosing patients, medication errors, surgical errors, treatment and aftercare; errors can also be caused from a lack of doing something as well. The laws created surrounding medical malpractice provide a way for patients and families of patients to receive compensation for any harm that resulted from negligent care. A hospital, physician or any other health care provider is only legally responsible for harm to a patient when they have deviated from the quality of care that is expected and is normally provided. If a procedure or medical treatment does not work out in the favor of the patient, it does not always mean that medical malpractice was committed. Malfeasance, misfeasance, and nonfeasance are the three forms of professional liability malpractice claims. Malfeasance is performing an act that is unjustifiably wrong or illegal. Misfeasance is inappropriate or unsuitable action of a lawful act. Nonfeasance is failing to act at all when action is required or requested. The Stages and Impact of Malpractice in Health Care The stages of impact of malpractice in health care involves duty, breach of duty, causation, and damages. A plaintiff must provide proof of standard of care of the health care professional. Which is the first stage of malpractice, duty. According to Harris (2014) the element of duty is the legal obligation to exercise reasonable care under the circumstances. The standard of care usually must be established by the testimony of an expert witness, who is familiar with the practice of similar professionals or similar communities. Breach of duty is the
3 second stage, which consists of the plaintiff providing proof that the health care professional breeched the duty of providing standards of care under the circumstances. Again, expert witnesses may be involved in the testimony from the plaintiff and the defendant. Third stage involves causation. Causation entail the plaintiff proving that the “health care professional’s
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