THE ELEMENTS OF MEDICAL MALPRACTICE - AN OVERVIEW

Most physicians will be involved in a medical malpractice case sometim e in their career in one of several capacities, such as a defendant, a treating physician, or an expert witness, Proving that malpractice ha s been committed is based on substantiation of a variety of elements a nd issues, This article offers an overview of the basic theories or ty pes of claims of malpractice: 1) lack of due care; 2) lack of informed consent/battery; 3) vicarious liability/respondeat superior/negligent supervision; 4) injury to third parties; and 5) abandonment, While th ese elements hold true in general, the laws of malpractice, the proced ures involved, and the judicial process vary from state to state and f rom country to country.