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Malpractice in Medicine Assignment
Malpractice in Medicine Essay
Whether the death of the patient was as a result of failure by the doctor to administer blood
Medical malpractice or medical negligence refers to a situation where an act or omission of a health care provider falls below the accepted standard of practice. The act or omission usually causes death or injury to a patient. According to Jones (2017), for one to succeed in a claim of medical negligence, the following elements need to be proven: that the doctor owed the patient a duty of care, the doctor breached the duty of care, direct causation, and that the patient suffered loss as a result of the breach of duty of care.
The first element to be proven is that the doctor owed the patient a duty of care. A duty of care was established in Donoghue v. Stevenson (1932) where the court identified that there was a general duty to take reasonable care in order to avoid foreseeable injury to a neighbor. A neighbor is someone who suffers loss by the acts of another. In the case of medical negligence, the patient is a doctor’s neighbor. Thus, once a patient consults a doctor, the doctor owes the patient certain duties including the duty to decide which treatment to administer and how to administer the treatment. Moreover, the doctor has a duty to obtain the consent of the patient before administering treatment (Mills, 2012).
The second element to be proven by the plaintiff is that the doctor breached the duty of care. This occurs when the doctor commits an act of omission which falls below the accepted standard of practice. The professional medical standard was established in the case of Bolam v. Friern Hospital Trust (1957) where it was stated that a doctor is not negligent if he acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.
Lastly, regarding the element of causation and damages, the plaintiff must establish that the breach of a duty of care was the direct cause of injury to the patient. That if it were for the doctor’s act or omission, harm would not have occurred. Lastly, the plaintiff must prove that the injury resulted in causing damages...............GET A PLAGIARISM FREE COPY