A DEATH IN A HOSPITAL: BY RALPH H. SPEKEN, MD STEPHANIE Z. SPEKEN, MS

NEGLIGENCE AND MALPRACTICE LAW

As Reported of the Committee on Medicolegal Problems of the
American Medical Association (AMA) states as follows:

To obtain a judgment against a physician for negligence, the
patient must present evidence of what is known as the --four D's--. The patient must show: (1)that the physician owed a duty to the patient, (2)that the physician was derelict and breached that duty by failing to act as the ordinary, competent physician in the same community would have acted under the same or similar circumstance, (3)that such failure of breach was the direct cause of the patient's injuries, (4)that damages to the patient resulted therefrom.

BELOW THE FOUR D's ARE EXPLAINED.

THE FOUR Ds of NEGLIGENCE

1. DUTY: Exists when the physician-client relationship has
been established. The client calls the physician's
office to make an appointment, keeps his appointment,
and makes another appointment to return for further
treatment.

2. DERELICT: A little more difficult to define. The client
must prove his/her physician has failed to comply with
the standards of care required and dictated by the
profession.

3. DIRECT CAUSE: Implies that any injuries or damage that
resulted from physician's breach of duty were directly
related to that breach and no intermittent
circumstances or intervening acts could have caused the
damages.

4. DAMAGES: Refers to injuries suffered by the client.




A. GENERAL DAMAGES: Payment for injuries or losses that
are natural or necessary consequences of the
physician's neglect (e.g., compensation for pain and
suffering or loss of bodily membrs). Losses must be
proved; monetary loss need not be proved.



B. SPECIAL COMPENSATION: Payment for injuries or losses
not necessarily an immediate consequence of the
physician's neglect (e.g., cost of remedial medical
and hospital care or loss of earnings). Both losses
or injuries monetary value must be proved.