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 complex and multifaceted issue that is of great concern in the healthcare field. It refers to an action or lack thereof by a physician or licensed person that deviates from the standard of care and leads to harm or injury to the patient. In order for an act of malpractice to be acknowledged legally, four elements must be present: duty, breach of duty, causation, and damages.

The first element of duty is essentially the obligation of the healthcare provider to treat the patient. This duty arises when there is a professional relationship between the provider and the patient, such as when the patient seeks medical advice or treatment. It is important to note that duty can also extend to other healthcare professionals who are involved in the patient’s care, such as nurses or pharmacists. This duty includes providing competent and appropriate care based on the prevailing standard of care in the medical community.

The second element is the breach of duty, which occurs when the healthcare provider fails to meet the standard of care expected in their profession. The standard of care is defined as the level of expertise and care that a reasonably competent healthcare professional with similar training and experience would provide under similar circumstances. It is important to note that the standard of care can vary depending on the specific circumstances of each case, such as the patient’s age, medical history, and the nature of the condition being treated.

The third element is causation, which requires a direct link between the breach of duty and the harm suffered by the patient. This means that the breach of duty must be the proximate cause of the injury or damage. It is not enough for the patient to show that the healthcare provider made a mistake or error; they must also demonstrate that this mistake directly caused their injury or harm. Causation can be established through expert testimony, medical records, and other evidence that supports a causal relationship between the provider’s actions and the patient’s injuries.

The final element is damages, which refers to the physical, emotional, and financial harm suffered by the patient as a result of the malpractice. Examples of damages include medical expenses, lost wages, physical pain and suffering, and emotional distress. In order to pursue a malpractice claim, the patient must be able to demonstrate that they have suffered actual damages as a result of the provider’s actions.

It is important to understand that not all medical errors or unfavorable outcomes constitute malpractice. Medicine is an imperfect science, and not all adverse outcomes can be attributed to negligence or incompetence. Additionally, the standard of care is not always clear-cut and can be subject to interpretation. Physicians and other healthcare providers are not expected to be infallible, but rather to exercise reasonable care and skill based on their training, experience, and the best available evidence.

In conclusion, malpractice refers to an action or lack thereof by a healthcare provider that deviates from the standard of care and results in harm or injury to the patient. In order for an act of malpractice to be legally recognized, four elements must be present: duty, breach of duty, causation, and damages. It is important to approach malpractice cases with care and to rely on expert testimony and evidence to establish a causal link between the provider’s actions and the patient’s injuries.