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  • Title: Malpractice liability in private practice of nutrition.
    Author: Cross AT.
    Journal: J Am Diet Assoc; 1988 Aug; 88(8):946-8. PubMed ID: 3397468.
    Abstract:
    To date, no dietitian has been successfully sued in a malpractice case. However, as the number of dietitians in private practice increases, the risk of such suits increases proportionally. What is malpractice law and how does it apply to dietitians? What tests do the courts apply to determine whether injuries a patient has suffered were the fault of the health professional caring for that patient? What circumstances might ameliorate the patient's claims and limit the liability of the dietitian? Even though each case will be decided independently on the basis of the evidence presented in court, general principles and guidelines govern the courts' decision-making process. Among the elements that must be proved by a patient seeking legal redress are actual injury, a relationship of duty between the parties, breach of that duty, and a cause-and-effect relationship between the breach of duty and the injury suffered. Awareness of those principles can assist dietitians in conforming their conduct to practices that minimize their risk of liability.
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