medical negligence


medical negligence

The action (error of commission) or lack of action (error of omission) during a medical procedure which can lead to illness, disability or death.
Tort of medical negligence.
The doctor/health professional must
(1) owe a duty of care to the plaintiff;
(2) have breached that duty;
(3) the error(s) of commission or omission have resulted in the claimed damage or death;
(4) the error(s) were physically or temporally close (proximate) to the damage or death;
(5) harm actually occurred;
(6) damages can be awarded.