The 4 crucial elements of medical malpractice claims 

On Behalf of | Jun 19, 2024 | Personal Injury

Doctors and medical staff are expected to act to a certain standard within the profession. Conduct that falls below this expected standard can constitute medical malpractice. Common examples of medical malpractice include negligently misdiagnosing a condition, abusing a patient, administering inappropriate treatment and so on.

However, for conduct to constitute medical malpractice, four key elements must be satisfied. What are the four crucial elements of medical malpractice claims? 

1. A duty of care must have been owed 

The first element that must be satisfied is the duty of care. The doctor or medical professional must have owed this to the patient. Generally, this is quite a straightforward element to satisfy. As soon as a doctor attends to a patient or becomes actively involved in their treatment, a duty of care is owed. 

2. That duty must have been breached

The second element of medical malpractice cases is a breach of duty of care. Mere mistakes do not qualify as a breach of duty. However, if a medical professional makes a mistake that no other person in a similar role would have reasonably been expected to make, then this may be a breach. 

3. The breach must cause harm 

The next element of medical malpractice is causation. The breach by the medical professional must have directly harmed the patient. If another doctor’s error resulted in harm, then the chain of causation is broken. 

4. Quantifiable injuries 

Finally, to be awarded medical malpractice compensation, the plaintiff must be able to show quantifiable harm. This could be physical injuries, psychological injuries, emotional harm or financial expenses. 

If your medical team let you down, a malpractice claim may be an option. Seek legal guidance to find out more.  




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