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:
▪ Defendant owed a duty to plaintiff
▪ Defendant breached that duty
▪ Plaintiff suffered harm (injuries or other damages) as a result of this breach
▪ Causation (or connection) between the breach of duty and injury. Defendant's breach was the proximate cause of plaintiff's harm.
▪ Defendant owed a duty to plaintiff
▪ Defendant breached that duty
▪ Plaintiff suffered harm (injuries or other damages) as a result of this breach
▪ Causation (or connection) between the breach of duty and injury. Defendant's breach was the proximate cause of plaintiff's harm.