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A paralegal screens a medical negligence intake. The patient had a bad outcome after surgery, but the consent form listed that complication and the surgeon followed a recognized technique. What proof gap should be flagged?
Bad outcome alone proves breach of duty.
The plaintiff likely needs evidence of breach of the applicable standard of care and causation, often through expert review.
Consent forms eliminate all possible malpractice claims.
Hospitals are strictly liable for all surgical risks.
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