Medical Malpractice, Surgical Malpractice and Professional Negligence
What is Medical Malpractice?
Medical Malpractice is the Professional Negligence of a Doctor or Surgeon
Generally, the term "malpractice" refers to the negligence of the member of a profession.
The term "medical malpractice" refers to the professional negligence of doctors, surgeons, nurses and other healthcare professionals.
Medical malpractice occurs when medical care provided by a healthcare professional falls below the accepted standard of care within their field of practice (Breach of the Accepted Standard of Care) and, as a result (Causation), the patient is caused to suffer damages in the form of personal injury, economic injury, and/or wrongful death (Damages).
What has to be Proved in a Medical Malpractice Lawsuit?
The Three Elements Required: 1. Breach of Duty, 2. Causation, and 3. Damages
The three parts above (1. Breach of the Accepted Standard of Care, 2. Causation, and 3. Damages) are called the "elements" of professional negligence. All three elements must exist and be proved in every medical malpractice lawsuit.
If any one (or more) of the above elements is missing, then there cannot be a valid cause of action for medical malpractice. In addition, if any one (or more) of the three elements is not proved at the trial of a medical malpractice lawsuit, then instructions given to the jury by the Judge will require the jury to return a verdict in favor of the defendant doctor and against the person suing the doctor.
Links to More Information about the Three Elements Required
As set forth above, all three elements must exist and be provable for there to be valid case for medical malpractice. Click the blue text links for more information.
I. Breach of the Accepted Standard of Care
A. Acts
B. Omissions (Failure to Act)
II. Causation
III. Damages
A. Economic Damages
1. Out-of-Pocket Expenses
2. Wage Loss
B. Non-Economic Damages
1. Physical Pain and Suffering
2. Emotional Pain and Suffering
Where can we take you?
To learn about Types of Medical Malpractice and Surgical Malpractice, Click Here.
To learn about Birth Injuries and Delivery Malpractice, Click Here.
To learn about Cerebral Palsy, Click Here.
To learn about Gastric Bypass Surgery, Click Here.
To learn about Gastric Bypass Surgery Malpractice, Click Here.
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To return the the Hurt by a Doctor homepage, Click Here.
