Institute:Office of National Coordinator (ONC) Workforce Training Curriculum
Component:The Culture of Health Care
Unit:Ethics and Professionalism
Lecture:Ethical and legal standards
Slide content:Four Basics of Malpractice Health care provider had a duty to the patient Minimum standards of care were not met The failure to meet standards of care caused an injury The injury resulted in damages (harm) 11
Slide notes:There are four parts to proving a claim of medical malpractice. The first is that the health care provider had a duty to the patient who is bringing the case. This is an example of where malpractice law and ethics interact. When does a specific health care professional have a duty to a specific patient? The second element of malpractice is that the minimum standards of care were not met in some way. Perhaps a surgeon performed an operation for which he or she was not properly trained, or a physician did not fully inform a patient about the risks of a treatment. This second element of malpractice is closely intertwined with standards of professionalism. The last two elements of a successful malpractice case are that the failure to meet the standard of care caused some kind of injury, and the injury resulted in damages, such as emotional distress or lost time from work. Lack of professionalism is not malpractice if it does not result in some injury and if the injury does not result in harm to the patient. Malpractice law applies not only to doctors but also to other health care providers. Nurses, pharmacists, physical therapists, who can be sued successfully if the elements of a malpractice case are met. 11