Medical malpractice cases fall under negligence tort law. The elements of a medical malpractice case are 1. Duty, 2. Breach of that duty, and 3. Causation. All 3 elements must be met. In establishing
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Medical malpractice cases fall under negligence tort law. The elements of a medical malpractice case are 1. Duty, 2. Breach of that duty, and 3. Causation. All 3 elements must be met. In establishing duty the attorney and expert witness will reference several sources including a) professional standards, b) acceptable regional practices, c)textbooks used to train the medical professional.
An inpatient fell while going from her bed to the bathroom. She was walking with the support of the IV pole which fell when it encountered the electrical cord on the floor. This caused the patient to fall and she broke her hip in the fall. There were no ambulation precautions in her chart. She was not on any pain killer medication or restraints.
Number your responses!
1. was the patient harmed?
2. was that patient harmed due to the breach of duty? Why or why not?
3. what standard supports your answer?
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