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To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.
Causation Explained. To prove causation in any negligence action you must prove two things: that the negligent act was the actual cause and that it was the proximate cause of harm.
Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.
These elements include: (1) the existence of a legal duty on the part of the doctor to provide care or treatment to the patient; (2) a breach of this duty by a failure of the treating doctor to adhere to the standards of the profession; (3) a causal relationship between such breach of duty and injury to the patient; ...
The general rule in Idaho is you have two years from the time when you've been harmed until the time when you must file your lawsuit before you lose the right to file the lawsuit, but that's a very general rule, and there are multiple exceptions depending on the circumstances.
The courts define malpractice as the failure of a professional person to act in ance with the prevailing professional standards, or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee.