What are the Elements of a Medical Malpractice Case?
The elements of a medical malpractice case are conceptually similar to other cases based in general negligence. These elements are:
- Duty The existence of a duty between the medical professional and the patient. This duty involves an obligation to provide a requisite standard of care.
- A breach of a given duty - this could be in the form of administering improper treatment, or failing to administer proper treatment.
- The patient suffers injury or illness as a result of the breach of duty
- Causation (or connection) between the breach of duty and injury
- Duty The existence of a duty between the medical professional and the patient. This duty involves an obligation to provide a requisite standard of care.
- A breach of a given duty - this could be in the form of administering improper treatment, or failing to administer proper treatment.
- The patient suffers injury or illness as a result of the breach of duty
- Causation (or connection) between the breach of duty and injury