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Medical Assistant Prep / Unit 27   MAS 658 worked example, 60 to 90 seconds

The Four Elements of Malpractice

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The idea

To prove malpractice in court, four elements must all be established.

In practice

The first element is duty: a professional relationship existed, creating a duty of reasonable care. The second is breach: the standard of care was not met, and harm was a foreseeable result. The third is cause: the breach caused the injury. The fourth is harm: the injury resulted in damages. If any one element is missing, the claim fails.

Where people slip

The record is often the main evidence of what happened in a disputed case. Accurate, timely documentation of what you did, and why you did it, is what shows that the standard of care was met. A missing or vague entry leaves the question open, and a court cannot assume care that was never recorded.

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