The first element of medical malpractice and the cause of action starts with duty. In the healthcare setting, a doctor owes a legal duty to a patient when the doctor agrees to treat the patient. The duty arises as soon as the doctor-patient relationship is established. The legal duty in a malpractice case is a medical standard of care. That means that the doctor is responsible for treating the patient with the same amount of skill and care as a prudent, reasonable, and similarly trained medical professional would use in the same or a similar situation. The next would be breach of duty. After the standard of care is established, the patient’s attorney needs to be able to demonstrate how that standard of care was breached by the doctor. This element is established by showing how the doctor fell short of the meeting the medical standard of care. In other words, the requirement means demonstrating medical negligence on the doctor’s
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- Summer '15
- Tort Law, Physician, Medical malpractice