Malpractice

Physicians may be sued for malpractice for many reasons. Successful malpractice claims require a finding that the physician’s care (or lack of) resulted in a dereliction of a duty owed to the patient, directly resulting in harm. These four elements (duty, dereliction, direct harm, and damages) are required. In nearly all cases, expert witness testimony is required to educate the jury on the applicable standard of care and opine on if the care met the standard and if it was a proximate cause of the harm suffered. A discussion of the requirements for malpractice, most common types of claims, elements of malpractice defense, and considerations for expert witnesses follows.