duty

negligence

Medical malpractice The failure or alleged failure on the part of a physician or other health care provider to exercise ordinary, reasonable, usual, or expected care, prudence, or skill–that would usually and customarily be exercised by other reputable physicians treating similar Pts–in performing a legally recognized duty, resulting in forseeable harm, injury or loss to another; negligence may be an act of omission–ie, unintentional, or commission–ie, intentional, characterized by inattention, recklessness, inadvertence, thoughtlessness, or wantonness. See Adverse event, Comparative negligence, Contributory negligence, Gross negligence, Malpractice, Wanton negligence, Willful negligence. Cf Recklessness.

Negligence, required elements  

Duty A recognized relationship between Pt and physician

Breach Failure of a medical practitioner to practice in accordance with standard of care

Proximate cause The plaintiff must show that injury is reasonably connected to physician's action

Damages Plaintiff must show that alleged loss or damage has a quantifiable value such that a monetary payment can be made APLM 1997; 121:252

McGraw-Hill Concise Dictionary of Modern Medicine. © 2002 by The McGraw-Hill Companies, Inc.