The doctor-patient relationship has been defined differently through the years. In the graduation it developed into a rough-cut call(a)ing which meant doctors practiced medicine as a job to their patients. Laws were developed to protect patients, therefore doctors used appropriate care and expert skill. In the past six centuries, health check malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence. Now in todays society, a doctors duty is to use valid care, skill and judgment in the practice of his/her profession and when negligent, demand full responsibility.
        What is malpractice? Malpractice is negligence. Negligence is a tort. A tort is a civil wrong, therefore malpractice is a civil wrong. In its simplest terms, malpractice has foursome essential elements: 1) Duty. Every health care provider assumes a duty when starting consultations, diagnosis, or treatment of a patient. The duty arises from an expressed or implied contract. 2) Breach. For example, if you fail to make a countersink diagnosis once you have assumed the duty to do so, you have created a breach of duty, due and owing to the patient. 3) Causal Connection.
Your affliction to correctly diagnose, (duty you breached) the duty due and owing to the patient and as a direct and proximate cause of your breach, caused damages. 4) Damages. The result of your ill to diagnose correctly, the patient sustained damages in the ricochet of an additional hospital stay, complications that may or may not be of a permanent and continuing nature. (Brooten Jr., Kenneth E. p. 1)
Negligence is the most common civil suit filed against doctors. Liability for negligence will not be found unless the following factors are present: (a) the suspect must owe a duty to the plaintiff to exercise...
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