Medical Malpractice

Further, if a physician consults a colleague but does not actually meet with a patient, they are not liable for the outcomes of the advised treatment (Showalter, 2015). A breach of duty must demonstrate that the physician deviated from current standards of care through their action or inaction. It must also be proven that an injury resulted from that breach of duty. “Even if it is a clear cut case of misdiagnosis, for example, the patient must prove that his condition was worsened by the error before a jury can, as a matter of law, award him pecuniary compensation” (Holder, 1957).
The foundational definition of medical malpractice was established in 1898 in the New York case of Pike v. Honsinger, when a man kicked in the knee by a horse