What Are the Four Elements of Medical Malpractice?

Medical malpractice occurs when a physician or other healthcare provider acts or fails to act in a way that does not adhere to accepted medical standards of care. Accepted standards of care are standardized procedures medical professionals are expected to follow in specific healthcare scenarios. When a medical provider deviates from accepted standards of care, they can deprive patients of the treatment they need. Patients could even suffer preventable injuries or illnesses. However, because these standards of care are not common knowledge among patients and other laypeople, medical malpractice can be challenging to recognize when it happens.

When patients are harmed due to medical malpractice, they have the right to file medical malpractice claims to seek compensation for their suffering. However, it can be difficult to prove medical malpractice occurred. Doing so requires you to prove the four elements of medical malpractice. At Mushkatel, Robbins & Becker, PLLC our dedicated medical malpractice attorneys have 50 years of combined experience serving malpractice victims throughout Arizona. You can contact us today to learn more about your legal options in a free initial consultation.

What Are the Four Elements of Medical Malpractice?

The four elements of medical malpractice include:

• The provider owed a duty of care to the patient

• The provider violated their duty of care 

• The provider’s negligence directly contributed to the patient’s injuries

• The patient suffered actual, measurable harm

Here are some more details about these four elements.

Duty of Care

You must show that the health care provider owed you a duty of care. This is typically the most straightforward element to prove. Any time a doctor-patient relationship exists, the doctor has an obligation to follow accepted standards of care and avoid causing their patient harm.

Breach of Duty of Care

To prove this element, patients must demonstrate that the doctor failed to provide the same level of care that another doctor with similar training and experience would have provided under similar circumstances. Here are the most common medical malpractice cases. So, what is a breach of duty? Many acts or omissions can represent a breach of a healthcare provider’s duty to provide care consistent with the accepted standard, such as:

• Failing to order tests

• Misinterpreting test results

• Failing to diagnose a patient properly

• Failing to properly supervise other medical staff

• Prescribing medication that has harmful interactions with other medicine the patient is taking

An experienced medical malpractice lawyer can review the circumstances of your case and advise you if you have grounds for a medical malpractice claim.

Causation

You must also show the provider’s negligence directly contributed to the patient’s injuries. It is not enough to simply show that the provider was careless and the patient suffered harm. Patients must demonstrate a direct causal link between the provider’s malpractice and the injuries or illness they sustained.

Damages

Finally, you must show the patient suffered real, measurable harm because of the provider’s acts or omissions. If a provider makes an error that is quickly remedied with no harm done, the patient probably won’t have a case. However, if the patient incurs additional medical bills, misses time at work, or endures needless pain and suffering, they can seek compensation for the injuries or worsened condition that resulted.

When Should You Consider Legal Action for Medical Malpractice?

If you or a loved one was harmed because of the negligence of a medical provider and you suffered considerable injuries or losses, you may want to consider taking legal action. Your healthcare provider’s medical malpractice insurance may cover your damages, but only if you make a convincing claim. Our medical malpractice attorneys can advise you on your legal options when you call for a free case review.

How Does Medical Negligence Cause Injuries and Illnesses?

When a medical professional fails to observe accepted standards of care, patients can suffer unnecessary and potentially life-threatening consequences. Medical negligence can lead to preventable injuries and illnesses when:

• Patients’ conditions are not diagnosed – When an injury or illness is not diagnosed promptly, a patient’s condition can worsen to a dangerous degree.

• Patients’ conditions are misdiagnosed – When a provider mistakes a patient’s injury or illness for a different condition, the patient can receive unnecessary and potentially harmful care while their original condition is allowed to worsen.

• Patients receive incorrect treatment – Medical professionals can administer incorrect and possibly dangerous treatment when communication errors occur or patients are misdiagnosed or confused with other patients.

• Patients are not informed of possible side effects – If a provider fails to notify their patient of the possible side effects of a particular treatment or procedure, the patient cannot provide informed consent and may unknowingly put their health at risk.

How to Prove Damages in a Medical Malpractice Case?

In a medical malpractice case, “damages” refers to the money a patient is owed for any harm they suffered due to the medical provider’s negligence. Since patients who seek medical care are typically already suffering from injury or illness, it can be challenging to determine where their original condition ends and the malpractice-related consequences begin. To prove the amount of compensation a patient should receive for their medical malpractice injuries, attorneys may rely on the following types of evidence:

• Medical records – A patient’s medical records can provide valuable information about their medical history and pre-existing conditions. These details can go a long way toward demonstrating the outcome the patient likely would have had if they were not a victim of malpractice.

• Medical bills – Medical bills can show a timeline of the care a patient received and how much they paid for it. If a patient was forced to pay for care that wouldn’t have been necessary if not for the malpractice, they could demand to be reimbursed for the additional expenses.

• Bank statements and pay stubs – Similarly, if a patient is forced to miss time at work due to a malpractice-related injury, their bank records or pay stubs can show precisely how much they are owed in lost wages and benefits.

How to Prove the Four Elements of Medical Malpractice?

Proving that a provider was negligent is one of the most challenging aspects of a medical malpractice case. Medical professionals use highly specialized terminology and procedures that are difficult for most people to understand. As a result, medical malpractice attorneys often use the following types of evidence to prove that a provider deviated from accepted standards of care:

• Medical records – Medical records provide detailed information about a patient’s diagnosis, treatment, and treatment outcomes. By carefully reviewing the specifics of a patient’s medical records, it’s possible to piece together the steps providers took at each stage of their care and determine what went wrong.

• Witness statements – Patients’ friends, family members, and even other providers can offer valuable statements describing how their care progressed. In some cases, witnesses can provide helpful background information about medical providers’ careless or reckless behavior.

• Expert testimony – In most medical malpractice cases, attorneys rely on medical experts who can offer second opinions and describe how a competent medical professional would normally operate under similar circumstances.

Contact a Medical Malpractice Attorney Today

If you have endured a needless injury or illness due to medical malpractice, you deserve to be compensated for your suffering. The Arizona attorneys of Mushkatel, Robbins & Becker, PLLC can help you demonstrate the four elements of medical malpractice and demand the money you are owed. Contact us today to discuss the details of your situation in a free initial case review.

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