Question

In a medical malpractice or other negligence case applying the 4 elements - discuss them in detail - duty, breach, proximate cause and damages as they apply to your selected case.

Answer 1

The four critical elements of medical malpractice or other negligence case are explained as following:

1. Duty: The term in the context of duty pertaining to the individual having duty to behave in a responsible manner. The outcome of the medical malpractice or negligence depends in the individual accused or involved did have the responsibility owed in the matter. For example in case of medical malpractice, a nurse has a duty to administer the correct medication to the patient at the right time and correct dose and perform her duty.

2. Breach: The breach or act of breaking the professional or ethical rules and the person must prove that the defendant in malpractice has broken the medical laws or agreement and behaved in a irresponsible manner. For example, if a physician knew the patient has abnormally high blood pressure levels but did not prescribe any medication or treatment to address the situation can be termed as breach of duty.

3. Proximate cause: Proximate cause relates to the scope of the malpractice accused individuals responsibility in the negligence or malpractice occurred. The person accused of malpractice is only responsible for the actions that pertains to the scope of the responsibility that could have been foreseen. For example, if a patient suffers medical complication due to overdose of a drug given by the patient. In this case, it is within the nurse's scope of work to closely administer the drug dose given to the patient and manage the stable dosing.

4. Damages: The damages in the context of medical negligence or malpractice is when it is proved that the injury or damages are caused by the negligence due to breach of the duty by the individual. For example if the patient did not recieve the appropriate blood pressure medications and as a result suffered a cardiac stroke. The damage caused is cardiac stroke and the medical negligence caused is resulted into the cardiac stroke damage.