Malpractice refers to an action or lack thereof by a physician or licensed person that differs from the standard of care stated and results in damage or injury to the patient (Bal, 2009). For this malpractice to be acknowledged there must be four elements. These elements include duty to treat the person, a violation of this duty, a direct cause of injury from the actions performed and damages from the malpractice (Bal, 2009). Purchase the answer to view it

Malpractice is a term that is often used in the context of healthcare, specifically referring to actions or inactions by physicians or other licensed healthcare professionals that deviate from the standard of care and result in harm or injury to the patient (Bal, 2009). In order for malpractice to be acknowledged, there are typically four elements that must be established: duty, breach of duty, causation, and damages (Bal, 2009).

The first element, duty, refers to the healthcare professional’s obligation to provide care to the patient. This duty is established when there is a doctor-patient relationship, meaning that the healthcare professional has agreed to take on the responsibility of providing care to the patient (Bal, 2009). This duty is typically established through a formal agreement, such as the patient consenting to treatment or the healthcare professional accepting the patient’s request for care.

The second element, breach of duty, occurs when the healthcare professional fails to meet the standard of care that is expected in their particular field of practice. The standard of care is commonly defined as the level of care that a reasonably prudent healthcare professional would provide in similar circumstances (Bal, 2009). It is important to note that the standard of care can vary depending on the circumstances, such as the geographic location, the patient’s age and health status, and the specific medical condition being treated.

The third element, causation, requires a direct link between the healthcare professional’s breach of duty and the patient’s injury or harm. This means that the patient must establish that the healthcare professional’s actions or inactions directly caused or contributed to their injury or harm (Bal, 2009). Causation can be complex to establish and may require the testimony of medical experts to demonstrate that the healthcare professional’s actions were a substantial factor in bringing about the patient’s injury.

The fourth element, damages, refers to the harm or injury that the patient suffered as a result of the healthcare professional’s malpractice. Damages can include physical harm, emotional distress, financial loss, and other types of harm that the patient experienced (Bal, 2009). In order for a malpractice claim to be successful, the patient must provide evidence of the damages they suffered as a direct result of the healthcare professional’s breach of duty.

It is important to note that proving all four elements of malpractice can be challenging and typically requires the expertise of legal and medical professionals. Medical malpractice cases often involve complex medical and legal issues, and the burden of proof is typically on the patient to establish each element of their claim (Bal, 2009). This can involve gathering medical records, obtaining expert testimony, and presenting evidence to support the patient’s allegations of malpractice.

In conclusion, malpractice refers to an action or lack thereof by a healthcare professional that deviates from the standard of care and results in harm or injury to the patient. In order for malpractice to be acknowledged, four elements must be established: duty, breach of duty, causation, and damages. Proving these elements can be challenging, and typically requires the expertise of legal and medical professionals.