Negligence is the basis for most medical lawsuits involving pre-hospital emergency medical care. All of the elements below must be established for a successful lawsuit alleging negligence except one. Which of the following is not necessary to successfully pursue a negligence lawsuit?
Explanation
Answer - B - All of the choices above are required to successfully pursue a negligence lawsuit except implied consent. Implied consent is the concept that unresponsive patients would want medical care if they were aware of the situation. The four elements required for a negligence suit are duty to act (the paramedics had a legal duty to provide care), breach of duty (patient did not receive the standard of care), damages (the patient was injured as a result of the paramedic’s care or lack of care), and causation (a direct link can be established between the paramedic’s breach of duty and damages suffered by the patient). Damages can be physical, emotional, or psychological.
