0:00

So, uh, when it comes to the medical liability formula,

0:05

there are four things that needs, need to be proved.

0:08

First is, and foremost is the duty.

0:11

Did the physician patient relationship exist when

0:14

you take care of the patient?

0:16

This, this relationship automatically forms between,

0:19

between you and your patient.

0:22

Second thing is that is,

0:24

has there been a breach of this duty?

0:27

Has the physician deviated from the standard

0:29

of care in performing the duty to the patient?

0:33

So this breach of duty has to be proved Second,

0:38

once the breach of duty has been proved.

0:41

The third thing is that did that breach in the standard

0:45

of care, actually lead to the patient's injury?

0:49

So is it, was it directly responsible

0:52

for the patient's injury or not?

0:53

So causation has to be proved from that, uh, deviation.

0:58

And finally, the damages.

1:00

Once everything at the CAUS causation has been proved.

1:03

So what were the damages that have been caused

1:06

to the patient, both physically, both mental,

1:10

mentally wages, medical expenses, all of

1:12

that come into, into play.

1:14

And then finally, obviously the liability decision is, is,

1:18

is made through.

Mandatory Components of Lawsuit: Duty, Breach, Causation, Damages

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0:00

So, uh, when it comes to the medical liability formula,

0:05

there are four things that needs, need to be proved.

0:08

First is, and foremost is the duty.

0:11

Did the physician patient relationship exist when

0:14

you take care of the patient?

0:16

This, this relationship automatically forms between,

0:19

between you and your patient.

0:22

Second thing is that is,

0:24

has there been a breach of this duty?

0:27

Has the physician deviated from the standard

0:29

of care in performing the duty to the patient?

0:33

So this breach of duty has to be proved Second,

0:38

once the breach of duty has been proved.

0:41

The third thing is that did that breach in the standard

0:45

of care, actually lead to the patient's injury?

0:49

So is it, was it directly responsible

0:52

for the patient's injury or not?

0:53

So causation has to be proved from that, uh, deviation.

0:58

And finally, the damages.

1:00

Once everything at the CAUS causation has been proved.

1:03

So what were the damages that have been caused

1:06

to the patient, both physically, both mental,

1:10

mentally wages, medical expenses, all of

1:12

that come into, into play.

1:14

And then finally, obviously the liability decision is, is,

1:18

is made through.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Majid Aziz Khan, MD, MBBS

Director, Non-Vascular Spine Intervention

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Kelly P. Yousem, JD

Plaintiff’s Attorney

Lesson

Expert Witness Best Practices - Radiologist's Perspective

Lesson

Expert Witness Best Practices - Lawyer's Perspective

Lesson

Expert Witness Case Review - Introduction

Lesson

Expert Witness Case Review - Detection Misses

Lesson

Expert Witness Case Review - Communication Errors

Lesson

Expert Witness Case Review - Interventional Radiology

Lesson

Impact of Malpractice Litigation and Liability Considerations

Lesson

Expert Witness Case Review - Conclusion

Mandatory Components of Lawsuit: Duty, Breach, Causation, Damages