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results in prison term, fine, or short jail sentence to punish offender |
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impulsive or unintentional killing |
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an offense punishable by imprisonment of less than 1 year or a fine of less than $1000. Does not amount to a felony |
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results in civil trial to assess compensation for plantiff |
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an act of omission (not doing something that a reasonably prudent person would do) or omission (doing something that a reasonably prudent person would not do |
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negligence on theprofessional's part. Intent to harm is not an element. |
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how do you prove malpractice? |
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a lawyer must prove that a deviation from the standard of care occurred that resulted in damage to a patient. |
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Name the 4 elements used to prove malpractice |
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duty breach of duty proximate cause Damages |
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failure to act appropriately in treating a patient |
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failure to use aseptic technique |
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misadministration of blood |
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