Informed Consent in Medical Malpractice Research Paper

Informed Consent in Medical Malpractice - Research Paper Example A set of regulations that govern malpractice lawsuits differs from one state to another. Medical malpractice is not a different tort, instead, the tort of negligence. In this vein, elements of medical malpractice are not different from those of negligence. These are violation, causation, duty, and damages. They are normally framed in health jargon, but are similar to the four mentioned elements that apply to negligence. One of the vital aspects that come up in medical malpractice is that medical practitioners are regarded as individuals who should give very high levels of care than the normal layman. The standard of care reflects what is supposed to be undertaken with regard to the prevailing conditions. Health professionals are expected to render standards of care as would have done a reasonable health practitioner under similar conditions. Medical malpractice takes place when a health professional does not deliver duties to the degree that a plausible health professional would have rendered under the same conditions. If a qualified health specialist had taken the same method or treatment in question, under the same conditions, then medical malpractice would therefore not have taken place. Other specific aspects in medical malpractice entail errors in diagnosis, treatment matters, and difficulties in communication, prescription errors, and falls. For instance, if a medical officer fails to diagnose the plaintiff’s case in a desired way, then the medical officer may be said to have violated the standard of care he or she was supposed to have accorded the plaintiff. The standard of care to be used by health professionals is dictated to some degree, by reference to instructions and rules, state practice procedures, facility laws and methods, equipment literature, job explanation, health information and legal cases. A health provider must possess a suitable license failure of which may be evident enough that the health provider was