Malpractice refers to an action or lack thereof by a physician or licensed person that differs from the standard of care stated and results in damage or injury to the patient (Bal, 2009). For this malpractice to be acknowledged there must be four elements. These elements include duty to treat the person, a violation of this duty, a direct cause of injury from the actions performed and damages from the malpractice (Bal, 2009).
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