What are malpractice suits?
Teresita Ramirez-Sanchez, MD, LL.B
NO malpractice suit should prosper in court in the absence of any one of the following elements. These are the 4 D’s of Medical Malpractice, namely:
Duty
Every doctor has the primary duty to possess the necessary knowledge and skill in diagnosing and treating a patient.
Valid license to practice medicine.
Competency to manage certain condition
Certificate of training
Dereliction of duty
Duties - possessing the necessary knowledge and skill
- exercising due care and diligence in the treatment of patients.
Some bases:
External standards
Internal standards
Job descriptions
Hospital policies and procedures
Customary practice
Expert witness
Direct causation
The alleged act or omission must be the proximate cause of the patient’s injury.
Damage
Presence of physical injury or death