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What are the essential elements of a medical malpractice claim?

a) Duty Owed
b) Breach of Duty
c) Causation of Injury
d) Damages Existence

1 Answer

2 votes

Final answer:

The essential elements of a medical malpractice claim are Duty Owed, Breach of Duty, Causation of Injury, and Damages Existence. Each element must be proven for the claim to be successful, showing the healthcare provider failed to meet the standard of care, which caused injury and resulted in damages.

Step-by-step explanation:

The essential elements of a medical malpractice claim are: a) Duty Owed, b) Breach of Duty, c) Causation of Injury, and d) Damages Existence. These elements must be proven for a successful claim.

a) Duty Owed: This refers to the legal obligation the healthcare provider has towards the patient to provide standard care.

b) Breach of Duty: This occurs when the healthcare provider fails to meet the standard of care that a competent professional in the same field would provide.

c) Causation of Injury: The patient must prove that the breach of duty directly caused their injury.

d) Damages Existence: The patient must show that they suffered specific damages as a result of the breach, which can be physical, emotional, or financial.

answered
User TsTeaTime
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