submitted by Edward S. Shensky, Esq. and Leslie A. Mitnick, R.N., Esq., Stark & Stark
Medical malpractice, a fairly common legal claim, requires four elements that must be met to prove the case. These four elements are duty, breach, causation and damages.
Duty refers to the responsibility that the healthcare provider has to the patient to act both reasonably and appropriately in providing care or treatment to said patient. In a healthcare provider/patient relationship, the provider has a duty to act within the “standard of care” for the patient and must act as would any other provider, in his or her area of expertise, given the circumstances.