The negligence medical is an act evil done by a health care provider who deviates from the accepted standards in the medical community and causing any injury to the patient . It is to have done not appropriate acts or, for not having had the diligence required for the particular case. That is, not having met the minimum standards and standards of conduct to deal with the case, and not have complied with the technical standards of the medical profession. It constitutes, along with medical malpractice and imprudence , 1 a violation of the lex artis ad hoc . It also falls on the health team in the case.
Medical malpractice claim
Elements of the case
A claim must state all of the following:
- There is a legal duty: every time a health care provider assumes the care or treatment of a patient.
- The duty was breached: the provider failed to meet the standard of medical care. This is proved by an expert testimony or by obvious errors (the doctrine of Res ipsa loquitur which literally means The thing speaks for itself ).
- The breach caused an injury .
- Damage: If there is no damage (some physical, economic or emotional loss) there is no basis for a claim, even though the doctor was negligent.