What Are the Four Elements of Medical Malpractice?
According to a 2024 “Medical Error Reduction and Prevention” study, more than 200,000 Americans die each year following preventable medical errors.
Another 400,000 hospitalized patients suffer from preventable harm caused by medical errors annually. If you or a loved one were impacted by a medical error, consider contacting The Voorhies Law Firm to help you take legal action against a doctor, a nurse, or another medical professional.
But before you do, make sure you understand the four elements of medical malpractice. Knowing these four elements will help you decide whether or not to file a medical malpractice lawsuit.
The Four Elements of Medical Malpractice
To win a lawsuit and recover medical malpractice damages, you’ll need to begin by proving negligence on the part of a medical professional. This is where the four elements of medical malpractice come in.
These four elements are:
- Duty of care
- Breach of duty
- Direct cause
- Damages
Whether you believe a doctor misdiagnosed you or a nurse gave you an incorrect treatment for a health condition, all lawsuits must include these four elements to be successful.
1. Duty of Care
Medical professionals have a duty to abide by all the latest medical standards and practices when providing care to patients. You must show that a medical professional had this duty while treating you to have a strong enough malpractice case.
2. Breach of Duty
Part of the reason why you must show that a medical professional had a duty of care to you when providing treatment is so that you can follow it up by proving that a breach of duty occurred. This happens when a medical professional fails to meet your expected standard of care throughout treatment.
3. Direct Cause
It isn’t enough for you to simply showcase that a medical professional didn’t live up to the duty of care while treating you. You must also prove that this medical professional demonstrated negligence while you were their patient and directly caused you to suffer harm. Of the four elements of medical malpractice, this is the one you may want to pay the closest attention to.
You can prove negligence on the part of a medical professional by utilizing:
- Medical records
- Witness statements
- Informed consent documentation
4. Damages
Last but not least, you’ll need to highlight how medical malpractice impacted you financially to earn a victory in a medical malpractice case. To do this, plan to use your financial records to reveal which losses you sustained following a medical professional’s mistake.
You can aim to collect compensation in a medical malpractice case to cover the costs associated with:
- Medical bills
- Lost wages
- Rehabilitation services
You can even sue for non-economic damages in medical malpractice cases and attempt to recover damages for factors like pain and suffering.
Hiring a Medical Malpractice Lawyer To Assist You With the Four Elements of Medical Malpractice
U.S. medical malpractice lawsuits are among the trickiest types of personal injury cases to try in court. It isn’t always easy for plaintiffs to argue that their cases include all four elements of medical malpractice.
A medical malpractice attorney can help you build a more compelling case by examining all the evidence to prove negligence demonstrated by a medical professional. They can bolster your chances of winning either an out-of-court settlement or a judgment from a judge or jury by using the evidence in your case to your advantage.
Contact Us To Help With a Medical Malpractice Case
Now that you have a better understanding of the four elements of medical malpractice, do you wish to proceed with filing a malpractice lawsuit against a medical professional? Your first step is contacting an attorney to discuss your case. The Voorhies Law Firm can lend a hand with your case and hold a medical professional accountable for their failure to diagnose, misdiagnosis, or role in another medical error. Reach out to us at (504) 313-3083 to schedule a consultation.
