title: Legal update--1996, Part 3.
abstract: Four elements of negligence must be proven to establish malpractice: duty, breach of duty, damages and causation. Duty refers to an existence of a professional relationship between the patient and the health care provider and the degree of legal obligation required once the basic relationship is established. Cases involving breach of duty and evidence of causation are discussed.
authors.forename: J
authors.initials: J
authors.lastname: Fiesta
mesh_terms: D000368:Aged; D005260:Female; D006801:Humans; D007231:Infant, Newborn; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009732:Nursing Care / Q000592:standards*; D011247:Pregnancy; D014481:United States