Public Health Law Map - Beta 5 - Medical and Public Health Law Site

years. If the practitioner violates the terms of these contracts, the courts are often
willing to grant an injunction to force the practitioner to quit the noncomplying job.
Unlike an order to do a job, which can require ongoing supervision, an order to not
do a job is simple to enforce.
B. Medical Malpractice Claims
A plaintiff initiates a lawsuit by filing papers with the court claiming that he or she was
harmed by the defendant and is entitled to legal redress. These papers must set out the
plaintiff’s prima facie case: the statement of facts and legal theories that establish that
the plaintiff has a legally enforceable claim against the defendant. There are four
elements to a prima facie case of medical negligence:
1. Duty—a statement of the facts that establishes the legal relationship between the
physician and the patient
2. Breach—a statement of facts that illustrate that the defendant breached the legal
duties implied in the physician–patient relationship or duties generally imposed on
members of society
3. Causation—that the breach of the defendant’s duty caused the plaintiff’s injuries
4. Damages—the monetary value of the plaintiff’s injuries
Upon the filing of these claims, the defendant may ask the judge to dismiss the
plaintiff’s lawsuit for deficiencies in prima facie case. For the purpose of a motion to
dismiss, the judge will assume that the facts presented by the plaintiff are correct. If,
despite this assumption, the plaintiff’s prima facie case is incomplete or legally
unfounded, it may be dismissed, or the plaintiff may be given an opportunity to amend
it to satisfy the defense’s objections. During the pretrial phase of the lawsuit, the
plaintiff must present legally sufficient evidence to support the allegations in the prima
facie case.
1. Duty
A basic rule of Anglo-American law is that an individual has no duty to another
person unless there is a legally recognized relationship with that person. Physicians
have many legal relationships, all of which have accompanying duties that might
form the basis of a lawsuit. In some cases, the defendant will deny that there was a
legally recognized relationship with the plaintiff. If the plaintiff’s claim is based on
medical malpractice, the plaintiff must allege facts to support the existence of a
physician–patient relationship. If the patient does not make the factual allegations
necessary for the court to find a physician–patient relationship, the plaintiff’s lawsuit
will be dismissed. This often happens if a patient sues several physicians and
includes one who did not treat the patient and had no legal relationships with the
physicians who did treat the patient.
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