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Which elements does a client's attorney require to prove an Act of professional negligence?



A. Duty, breach of duty, damages, and causation
B. Duty, damages, and causation
C. Duty, breach of duty, and damages
D. Breach of duty, damages, and causation

This question is part of basic physical care (part 1)

Asked by Hailey, Last updated: Aug 07, 2020

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2 Answers

Perez D.Scarlett

Perez D.Scarlett

Answered May 03, 2018

Professional negligence is a set of the general rules on negligence to cover a situation that allows the defendant to represent him or herself. For example, medical negligence relies on expert medical evidence to establish all significant areas of liability.

Causation is often difficult to prove because the effects of the allegedly negligent treatment must be determined from those of the patient's underlying condition which caused the original need for treatment. Assessment of damages can be complicated because the court has to thoroughly consider many variables about the patient's medical treatment and outcomes. Risks and benefits must be discussed.

 

John Smith

John Smith

Answered Sep 09, 2016

Duty, breach of duty, damages, and causation-rationale: any professional negligence action must meet four demands commonly known as the four ds to be considered negligence and result in legal action: a duty for the health care professional to provide care to the person making the claim, a dereliction (breach) of that duty, the breach of duty resulted in damages and the damages were caused by a direct result of the negligence (causation).client needs category: safe, effective care environmentclient needs subcategory: management of carecognitive level: comprehensionreference: taylor, c., et al. fundamentals of nursing: the art and science of nursing care, 6th ed. philadelphia: lippincott williams & wilkins, 2008, p. 131.
 

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