Safeguarding patients’ interests and our professional career in a litigation prone environment where the hospital provides less than standard infrastructure and manpower resources: Where do we stand? A healthcare provider or hospital is penalized in a medical malpractice lawsuit when it is proved that: A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury. Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession. Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim,…
