What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element

What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element

is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.

First, research medical malpractice for an understanding of the elements of this cause of action. Then, read the following two articles and answer the questions posed.

Kenney, K. (2009, Aug. 9).  Fixing health care reform requires tort reform.  Retrieved from 

Doroshow, J. (2009, Nov. 9). Medical malpractice tort reform-we are already suffering and don’t need more. Retrieved from 

What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this, including the element of this cause of action. How does medical malpractice differ from a standard negligence claim?

What defenses, if any, exist for a claim of medical malpractice?

Evaluate arguments for and against tort reform in the area of medical malpractice. You are encouraged to illustrate your arguments by using real case examples, either researched or from the material provided.

Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.

As a helpful explanation, in the area of torts we see many causes of action that are comprised of “elements.”  For instance, if we discuss a situation involving negligence, we would define negligence stating, “Negligence occurs when a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages.”  Then, each element would be analyzed, determining whether each one was met. It is imperative that each element of a tort claim is met for the plaintiff to prevail in a suit.

Your paper should be 2-3 pages in length, not including the title or reference page.  Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the . Please be sure to reach out to your instructor early in the week if you have difficulty with this topic.

 

………………..Answer Preview………………

Medical malpractice occurs when a professional physician does an action that fall short of the set standards in the field. This means that a physician acts below what is expected of him or her when dealing with a patient.  Medical malpractice is an action that can attract an action in court. The plaintiff who suffers from the malpractice is required to prove some elements in order for their claim to prevail ().

 These elements include that the….

APA

808 words

Get instant access to the full solution from by clicking the purchase button below








We offer the bestcustom writing paper services. We have done this question before, we can also do it for you.

Why Choose Us

  • 100% non-plagiarized Papers
  • 24/7 /365 Service Available
  • Affordable Prices
  • Any Paper, Urgency, and Subject
  • Will complete your papers in 6 hours
  • On-time Delivery
  • Money-back and Privacy guarantees
  • Unlimited Amendments upon request
  • Satisfaction guarantee

How it Works

  • Click on the “Place Order” tab at the top menu or “Order Now” icon at the bottom and a new page will appear with an order form to be filled.
  • Fill in your paper’s requirements in the "PAPER DETAILS" section.
  • Fill in your paper’s academic level, deadline, and the required number of pages from the drop-down menus.
  • Click “CREATE ACCOUNT & SIGN IN” to enter your registration details and get an account with us for record-keeping and then, click on “PROCEED TO CHECKOUT” at the bottom of the page.
  • From there, the payment sections will show, follow the guided payment process and your order will be available for our writing team to work on it.