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Hsa 515


Submitted By ktlove1976
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Assignment # 1- Law and Health Care

Keisha Love

Health Care Policy, Law and Ethics


Dr. Melody Princes-Kelley

Thousand Oaks Campus

January 23, 2012

1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.

A plaintiff suing for medical malpractice has the burden of proof to show the four elements necessary to prove negligence. The standard four-element account of negligence is duty of care, breach of duty, injury, and proximate cause. A person accused of malpractice can defend him or herself by showing that one of these elements is missing and/or by establishing an affirmative defense.

“The existence of a duty of care exists because of the contractual relationship between the patient and the doctor, hospital, or other health care provider. When the physician-patient relationship is established, the physician has a duty to possess the medical knowledge required of a reasonably competent medical practitioner (health care provider) engaged in the same specialty. And possess the skills required of a reasonably competent health care practitioner engaged in the same specialty. Also exercise the care in the application of that knowledge and skill to be expected of a reasonably competent health care practitioner in the same specialty. They also use the medical judgment in the exercise of that care required of a reasonably competent practitioner in the same medical or health care specialty.

This duty of care applies to the physician in all specialties or health care fields - medicine, chiropractic, osteopathy, optometry, dentistry, etc. Generally, a health care professional does

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