Negligence and Malpratice in Medicine

1 Negligence and Malpractice in Medicine Malpractice is a terminology used in professional settings to describe the failure of a medical provider to exercise and demonstrate that degree of skill, knowledge, competence, and expertise commonly applied by average reputable members of the profession. Negligence, defined as the failure to provide adequate care, is the legal theory of malpractice liability (Buppert, 2018). It entails the failure to comply with established care standards, provide adequate information to patients and follow up when necessary. Negligence consists of actions or inactions that contribute to poor care outcomes.

In negligence and malpractice lawsuits, the injured patient must reveal how the healthcare professional acted negligently during care and show that negligence led to the injury (Buppert, 2018). The plaintiff must prove four legal elements, including the professional duty to provide care to the patient, breach of the professional duty, injury due to the breach, and damages due to the defendant’s actions.

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2 Causation is a critical legal factor in personal injury cases. It entails the causal relationship between one person’s activity or inactivity and another person’s injury. Buppert (2018) clarified that for the plaintiff to show that a negligent healthcare professional is responsible for their injuries, they must provide evidence of how the negligent party’s actions caused them. The injuries include physical harm, economic loss, property damage, and psychiatric illness.

Negligence entails failing to act appropriately per established work ethics and protocols (Heston & Ray, 2021). The underpinning concept of negligence is that professionals should reflect reasonable care in their actions by considering the possibility of harm to others and property.

3 References Buppert, C. (2018). Nurse practitioner’s business practice and legal guide. (6th ed.). Jones & Bartlett Learning Heston, T. F., & Ray, S. (Eds.). (2021). Bioethics in Medicine and Society. BoD–Books on Demand.