A Brief Note On Torts And Consumer Protection

1322 Words Oct 7th, 2016 6 Pages
Torts and Consumer Protection
We have all heard about different malpractice cases whether on line, in the news or personal experiences. Throughout the years, many medical procedures have been changed due to new technology and doctors have been tasked with learning new procedures; and following these procedures that are set forth based on the equipment. Unfortunately for some doctors, patients have been killed, limbs removed in error amongst other medical conditions that are irreversible because of negligence. Based on so many incidents occurring, tort law has bene developed to protect the patient (Lau & Johnson, 2014), in cases where doctors act negligently or fail to proper procedures resulting in a serious medical error. This paper outlines a medical malpractice case and speaks to the differences between malpractice and negligence; as well as speaks to the arguments and defense within the medical malpractice case presented.
Medical Malpractice
In order to make plaintiff prevail in case of the claim of medical malpractice it would be needed that plaintiff or patient must essentially prove that following four distinct elements, such as duty, duty or care, proximate cause and damages (Lau & Johnson, 2014). In absence of any of these essential elements the possibility of plaintiff to prevail does not exist. Also it is the liability of the patient or plaintiff to prove these cases. Plaintiff must prove the following elements to prevail in a claim of medical malpractice…
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