Malpractice Hsa 515

1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.

The four elements of proof that is necessary for a plaintiff to prove a negligence case are duty of care, breach of duty, injury and causation. The first element that a plaintiff must prove is the duty of care relationship existed between the healthcare provider and the patient (Malpractice, 2011, para 1). Also, it is the physician’s responsibility to apply that knowledge in terms of competent diagnosis and treatment according to a standard of care (Malpractice, 2011, para 1). In order to prove this element of proof relies on strong evidence of the situation. Once the plaintiff has proven the duty of care, he/she must then prove how the duty of care was breached. This means that the judge or jury must view the facts of the situation and decide what a reasonable person would have acted differently than the defendant; it’s likely that it will be found that the duty was breached (Showalter, Stuart, pg.53). The third element needed to prove a negligence case is causation. This is where the plaintiff need only prove that there is a strong likelihood that negligence caused the result, and the negligence need not be the sole cause of but only a significant factor in the injury (Showalter, Stuart, pg.61). Finally the last element of negligent explains that the plaintiff must prove that he or she has suffered damages as a result of the situation (Showalter, Stuart, pg.60). The law considers an injury to be the proximate result of a negligent act of the injury would not have occurred but for the defendant’s act, or it was a foreseeable result of the negligent conduct (Showalter, Stuart, pg.60).

2. Explain how the standard of care can be proven.

The standard of care can be proven by expert testimony, published principles, or the jury’s common experience of what is reasonable. In order for one to succeed in a professional liability suit, a plaintiff must first prove...