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Speaking Points
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Generally, there are
standards for what is required of providers and of professionals.
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Standards of conduct are
found in: statutes, regulations, professional association guidelines, and
sometimes even in custom.
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There is a notion of
reasonableness that is contained in the rules for how professionals should
act.
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For example, the reasonable
provider, exercising reasonable care, such as those similarly situated, is
likely to depict sounds actions on the part of a health provider, in
particular.
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The elements of negligence
in medical malpractice are listed here, to provide an example:
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The four elements of medical
malpractice, all of which must be met to find malpractice, are:
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Duty – created by the
establishment of a doctor-patient relationship
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A Breach of that duty
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And the Causation of that
breach of duty
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For harm to the patient
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