Question

Tell us about malpractice lawsuit. Include the four elements- discuss them in detail- duty, breach, proximate cause, and damages as they apply to your selected case.

Answer 1

Malpctice lawsuit means the failure of a doctor or other proffessionals to do their job with a reasonable degree of skill ,especially when that persons failure to act causes injury :He was sued for medical malpractice.

The injured patient must show that the physician acted negligently resulted in injury.To do four elements must be proven

FOUR ELEMENTS OF MALPRACTICE LAWSUIT ARE: duty,breach,proximatecause, damages

Duty : The legal duty in a malpractice case is a medical standard of care.that means the doctor is responsible for trating the patient with the same amount of sill and care as prudent ,reasonable,and similarly trained medical proffessional would use in the same situation. in a court case where medical malpractice is asserted the standard of care is usually established through testimony of experts about accepted practice in the medical community for the treatement that give rose to the malpractice claim.

Breach : A breach of the standard of the care in itself aside from being a potential quality of care concern for the medical practitionar is legally meaningless unless it causes an injury to the patient.and a failure to do something that you are legally responsible for .the defendant was in breach duty in falling to reduce the noise level to which workers had exposed.

Proximate cause : Proximate cause is la legal term that in the medical malpractice sense essentially ask whether but for the alleged negligence of the medical proffessional,the harm to the patient would have occured.A proximate cause is an incident that result in another event.

Damages : Medical malpractice damages can include recovery for pain and suffering, medical bills and reduced quality of life.A patient injured by medical malpractice can recover a wide variety of damages from a medical bill to the loss of enjoyment of life to future earning losses.

if a patient prevails in a claim of medical malpractice they may be able to recover compensation for both economic and non economic damages.