20 Trailblazers Lead The Way In Medical Malpractice Litigation
Four Elements of a Medical Malpractice Case
Malpractice lawsuits are a real and feared threat for physicians. They drive up physician insurance costs and can alter the practice of medicine.
In general, doctors owe patients the obligation to follow the medical standards that are accepted without deviation or exclusion. This is known as the standard of care.
To successfully claim a doctor's negligence, the patient must demonstrate each of the following legal elements with a preponderance of evidence: breach of duty; causation; damages.
Duty of Care
The most important element in a medical malpractice case is that the victim was owed a doctor's duty that was violated. Medical malpractice cases differ from other negligence cases in that they typically involve a patient-physician ...