What Are the Four Elements of Medical Malpractice?

You may think you can file a lawsuit for medical malpractice if you are simply dissatisfied with the outcome of your care.

Think again.

In the eyes of the law, medical malpractice can only occur when a healthcare professional does one of the following:

  • Neglects to provide adequate care,
  • Fails to take the proper action, or
  • Provides inferior care that causes harm, injury, or death to a patient.

There are very strict and specific guidelines regarding medical malpractice cases in the United States so that both patients and competent medical professionals are protected.

In order to have a viable medical malpractice lawsuit, you must be able to prove the four elements of medical malpractice exist in your case. Read on to learn what they are.

The Four Elements of Medical Malpractice

You may only file a medical malpractice lawsuit if you can prove that the following four elements of medical malpractice existed:

#1 – You were owed a professional duty,

#2 – The duty was breached,

#3 – You were injured as a result of the breach, and

#4 – The breach caused you to experience damages.

More About Medical Malpractice

Another viable reason for a medical malpractice case is a lack of informed consent on your behalf. If you do not provide informed consent to a medical procedure, the physician or healthcare provider may be liable if the procedure harms or injures you, even if it was conducted flawlessly.

For instance, if you have a procedure that involves a 30% risk of losing a limb, and you end up losing a limb, the treating physician may be liable, even if the operation was carried out immaculately.

The reason for this is because you may have chosen not to go with that course of treatment if you were made aware of the risks beforehand.

If you have been harmed as a result of medical malpractice, we want to see that you are paid the compensation you are owed for your damages. Don’t delay—reach out to our office with any questions you may have.

Contact our firm today at (210) 226-8888. Speak with a member of our team and learn about your rights to move forward!