Elements of Medical Malpractice Medical malpractice is the word which medical professions dread the most. The unfortunate thing is that medical malpractice happens frequently, and recovering from the condition is a costly and lengthy procedure for both the individuals and the facility involved. While the matter is mort often linked with physicians, it is also prevalent in nursing. Medical malpractice in nursing has increased in recent times and is likely because the issues are not discussed extensively in nursing. The standard care set by institutions is expected to be adhered to by all employers of the facility. That includes taking caution while handling patients to avoid the occurrence of medical malpractice. The four medical malpractice elements are duty, breach of duty, damages, and causation. Duty must be owed to the patient by a medical professional charged with the care of the patient. The doctor-patient connection is a typical instance where the obligation exists. The medical professional who had the duty of care for a patient must have failed in her/his duty by not exercising the medical skill or care level that another medical professional in a similar specialty would have exercised in the same situation. An example is when a fellow medical professional is called to attest as to the proper standard of care. Breach of Duty example, the patient is owed a safe environment, and a nurse has a duty to follow physicians orders for the patient. The specific duty owed to the patient has been breached, meaning that the duty has not been met. In terms of the safe environment, perhaps a nurse forgets to put the bed rail up and the patient falls. The nurses failure to maintain the patients safe environment would constitute a breach of duty. Damages: The breach of duty must have caused injuries that result in damages. The injuries the patient suffered when falling out of bed are the damages that can be claimed. If the patient was not injured, there are no damages. Causation: This is generally the most difficult element to prove in a medical malpractice lawsuit. There must be a direct cause-and-effect link between the breach of duty and the injury. The breach of duty must have caused the injury. In the example, if the nurse had not left the bed railing down, the patient would not have fallen. The nurses breach of duty caused the injury. A patient needs to have suffered a physical or emotional injury while in the medical practitioners care. The injury might be a fresh one or a worsening of a present injury. Solid proof must exist that the breach of duty by the medical professional caused a patients injury. An effective medical malpractice suit must prove that all four elements are present. If the medical professional being sued or defendant demonstrate that one or more of the four elements is missing, the suit will not prevail. There are several ways in which medical malpractice might be avoided in the future. Medical professionals need to ensure that they make referrals with patients to prevent patients from following through on instructions. Doctors to sufficiently document patient visits and treatment schedules, which will help illustrate their competency should any issue arise. The medical professionals can strive for an open and trusting relationship with patients, encouraging patients to disclose all the information that might be necessary for effective treatment. References Aparna Srinivasa Babu,M.L ( 2015, March 12). The Malpractice Lability of Radioloy Reports: Minimizing the Rik. Practice Policy and Quality Initiatives, XXXV(2). doi:https:/doi.org/10.1148/rg.352140046 Collin J. Larkin, A.G.(2020). Overview of medical malpractice in neurosurgery.Journal of Neurosurgery.doi:https://doi.org/10.3171/2020.8 FOCUS20588
Why Choose Us
High Quality, 100% Original, and Well-Researched Papers
HireProWriter always ensures that our writers follow all your instructions precisely. You can pick your academic level: high school, college/university, or professional, and we will assign a writer matching your field or discipline
Professional and Experienced Academic Writers
Our Company has a team of professional writers with experience in business articles, academic papers, and research. The majority are native speakers and capable of tackling any task for which you need assistance.
Free Unlimited Revisions
If you think we missed something in your paper, no worries. Send your order for a free revision. We give you up to 10 days to submit the order for review after you have received the final document. You can do this yourself after logging in to your account or get help from our support.
Prompt Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. If we need an extension to master your paper, we will contact you on time regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & Confidential
100% plagiarism-free work! We use premium writing tools to check plagiarism. Our professional editors carefully review all quotations in the text. Besides, we guarantee maximum confidentiality in all of our services.
Customer Support 24/7
Our support team is available 24/7. We are dedicated to giving the best customer experience. Feel free to get in touch any time for assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
HireProWriter offers all kinds of writing services.
No matter what kind of academic assistance you need and how urgent it is, you are welcome to choose your academic level and the type of paper at a reasonable cost. HireProWriter takes care of all your educational paper needs with a 24/7 customer care support system.
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You don't have to worry about writing a presentable college admission essay. You can be assured that through our services, we will write the best admission essay for you.
Editing and Proofreading
Our Team (academic writers and editors) make the necessary adjustments to your essay/paper so that it is polished. Besides, we format your document by correctly quoting the sources and creating reference lists per the chosen formats (APA, Harvard, MLA, Chicago / Turabian).
We value our clients' feedback. Our system is designed to ensure that we deliver quality work through the collaborative efforts of our team and clients. If you need an improvement in your paper, you are free to request a revision. In such a case, your paper will be rechecked by the writer or assigned to an editor. Your Satisfaction is our Concern!