Legal Aspects of Men's Genitourinary Health

J. Henning; S. Waxman

Disclosures

Int J Impot Res. 2009;21(3):165–170 

In This Article

Malpractice

Medical malpractice is the most commonly used claim alleging medical negligence by health-care professionals in the United States.[8] The injured patient must prove all the elements of duty, breach of duty, causation, and damages by the preponderance of evidence.[8] Most claims will rest on whether the physician met or did not meet the standard of care (breach of duty). Plaintiffs and defendants will use expert witnesses to support their arguments that the physician did or did not meet the standard of care. It is important to realize that medical errors occur often.[9,10] Humans err often and most errors do not result in permanent patient injury. Conversely, most complications of treatment are in fact not due to physician's error. The human body is complicated and responds differently in health and disease. The practice of medicine is neither perfect nor completely predictable. Plaintiffs must show that provider's error caused (in part or in whole) the patient injury.

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