The second element of medical malpractice requires proving that the professional duty was breached. The doctor/patient relationship is a prime example of a relationship where a professional owes care to a client. While this element can be challenging to prove in other types of cases, it is rarely difficult to establish in medical malpractice cases. A malpractice claim will only be successful if the patient can establish their caretaker owed them that duty. Professional Duty Owed to a PatientĮvery case of medical malpractice begins with identifying the professional duty of care owed to the patient. These patients must establish that their care providers committed medical malpractice in order to pursue this compensation. When medical errors happen, patients have the right to seek compensation for their injuries. According to Studies in Health Technology and Informatics, medical errors could be responsible for more than 250,000 deaths per year in the U.S. These errors can have severe consequences in many cases. Unfortunately, countless errors occur at the hands of doctors each day.
When you pursue a claim based on medical error, you must establish each of these elements.ĭoctors and surgeons are trained to do no harm when treating their patients. There are four elements of medical malpractice, including a medical duty of care, breach of the duty, injury caused by the breach, and damages.