Liability for Surgical MalpracticeDoctors like any other professional will be liable for surgical malpractice if they perform the procedure incorrectly. This type of liability is categorized under negligence. To prove a case for negligence you must show a number of elements including, duty, breach, causation and damages. Negligence occurs when the surgeon provides a sub standard level of care to the patient. When the surgeon fails to give the patient adequate care while performing a surgery they are liable for surgical malpractice. Elements for a negligence claim includes (1) duty; (2) breach; (3) causation; and (4) damages. Duty: A doctor owes a duty to any of his patients to act in a manner consistent with his profession. Each person is judged according to their position or knowledge. Thus a surgeon would have a duty to perform the surgery in the same manner as a surgeon with similar training and experience. Failure to meet that requirement is a breach of that duty. Breach: Breach occurs when that particular duty is breached or not satisfied. When the doctor fails to perform the procedure in the manner which they were supposed to, it is considered a breach of that duty. If the doctors does not perform the surgery as intended they will be in breach of their duty. Causation: Causation looks at the cause of the accident. Was the surgeon responsible for the injury you sustained? This element looks at the course of action by the performing doctor. Damages: For you to bring a cause of action there must be some type of injury sustained as a result of the surgical malpractice of the doctor. This element of the claim can vary depending on the type of surgery and takes into consideration future damages and medical care costs as well.
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