Medical Malpractice :: Medicine Lawsuits Canada Health Care

Medical MalpracticeThe doctor-patient relationship has been delineate differently through theyears. In the beginning it certain into a ordinary calling which meantdoctors practiced medicine as a barter to their patients. Laws were developed toprotect patients, therefore doctors used proper care and expert skill. In thepast six centuries, medical malpractice has increased, which lead to revisionand addition to the law. financial obligation was introduced along with the GIANT of alltorts, negligence. Now in todays society, a doctors duty is to usereasonable care, skill and judgment in the practice of his/her employment andwhen negligent, take full responsibility.What is malpractice? Malpractice is negligence. Negligence is a tort. Atort is a civil wrong, therefore malpractice is a civil wrong. In itssimplest terms, malpractice has four natural elements 1) Duty. Everyhealth care provider assumes a duty when scratch line consultations, diagnosis, ortreatment of a patient. The dut y arises from an expressed or implied contract.2) Breach. For example, if you overleap to make a correct diagnosis once you have faux the duty to do so, you have created a breach of duty, collectible and owing tothe patient. 3) Causal Connection. Your failure to correctly diagnose,(duty you breached) the duty overdue and owing to the patient and as a directand proximate trend of your breach, caused damages. 4) Damages. The result ofyour failure to diagnose correctly, the patient sustained damages in the form ofan additional hospital stay, complications that may or may not be of a permanentand continuing nature. (Brooten Jr., Kenneth E. p. 1) Negligence is the most frequent civil suit filed against doctors. Liability for negligence will not befound unless the following factors are present (a) the suspect must(prenominal) owe aduty to the plaintiff to exercise care (b) the defendant must breach thestandard of care established by law for his/her transfer (c) the plaintiffmust su ffer loss or injury as a result of this breach (d) the conduct of thedefendant must be the proximate cause of the plaintiffs loss or injury. (Picard, Ellen I. p. 29) In the case of Adderly v. Bremner (Picard, Ellen I. p.461) the defendant physician was negligent in not changing the syringes tovaccinate 38 patients and instead used one needle for every two patients. As aconsequence, the plaintiff was infected with septicemia (blood poisoning).This doctor failed to give the ask standard of care. Any reasonable doctorwould have in fact changed the syringe after each patient and would haveforeseen the consequences for not changing them.