- Negligence
Although there are other possible theories of liability
against a health care provider, such as assault, fraud,
contract, etc., the vast majority of medical malpractice claims
are premised on negligence. A plaintiff suing for medical malpractice
has the burden of proof to show the four elements necessary to prove
negligence.
- Four Elements are:
-
A
person accused of malpractice can defend him or herself by
showing that one of these elements is missing and/or by
establishing an affirmative defense.
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