Continuing on from our discussion yesterday, medical malpractice, like any other negligence tort, is proven by showing:

(1) the defendant had a duty to the plaintiff to act a certain way,

(2) that the defendant breached that duty,

(3) that the defendant’s breach caused the plaintiff harm and

(4) that the harm caused is

[Note: I wrote this article back in 2009. Since then, the FDA approved Pradaxa as a substitute for Coumadin. Pradaxa has an even greater risk of intracranial hemorrhage than Coumadin, and there’s no reversal agent, unlike how Vitamin K reverses Coumadin. The concerns raised below thus apply even more to patients on