Chapter 13 : Medical Malpractice

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This chapter focuses on medical malpractice litigation that revolves around the theory of negligence. Medical malpractice litigation offers the opportunity to apply specialized knowledge and experience in the legal arena by participating in the defense of a physician unjustly accused of injuring a patient or in supporting the claim of a patient who has been harmed by the negligence of a physician. To prove negligence the plaintiff must establish: a duty owed to the patient by the treating physician, a breach of that duty, injury or damage and proximate cause. With the possible exception of limited circumstances that are self-evident, known as , an expert witness is required to define for the court the appropriate standards of care and possibly to testify as to how the defendant physician’s actions conformed to or deviated from these standards.

Citation: Ellner P. 2006. Medical Malpractice, p 65-66. In The Biomedical Scientist as Expert Witness. ASM Press, Washington, DC. doi: 10.1128/9781555816520.ch13
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