Legally Reviewed and Edited by: Terry Cochran

Published on: August 24, 2024

Medical malpractice can change lives, affecting both patients and their families. Nearly 251,000 people die every year due to medical errors, and many more suffer injuries due to medical errors, misdiagnosis, and surgical mistakes.

If you suspect that negligence by a healthcare professional has caused harm, understanding the four elements of medical malpractice is crucial. These elements form the foundation of your medical malpractice claim and must be proven to successfully seek compensation for the injuries sustained.

Our medical malpractice attorneys at Cochran, Kroll & Associates, P.C. have years of specialized experience handling these cases. Our team, including registered nurse and partner attorney Eileen Kroll, knows how to prove the four elements of medical malpractice to help you achieve a maximum settlement for your losses.

What Are the Four Elements of Medical Malpractice?

You must demonstrate four specific elements when preparing to file a medical malpractice lawsuit. These legal standards help substantiate the claim, connecting your harm to a doctor’s negligent treatment or lack of action.

Here’s a closer look at what you need to prove:

1. Duty of Care

The first element of medical malpractice is establishing that the medical professional owed you a duty of care. In simple terms, this means that the doctor, nurse, or hospital had a legal responsibility to provide you with care that meets the standard expected in the medical community. This duty of care exists whenever a doctor-patient relationship is formed.

For example, when you visit a doctor for a medical procedure or treatment, the doctor automatically owes you a duty of care. This duty means the doctor must act with the same level of skill, competence, and care that other similarly trained healthcare professionals would provide under similar circumstances.

This duty of care isn’t just limited to doctors. Nurses, surgeons, anesthesiologists, and other healthcare professionals also owe their patients a duty of care. If you can establish that a duty of care existed with documents such as medical records, treatment plans, or patient consent forms, you’ve taken the first step in building a strong medical malpractice claim.

2. Breach of Duty

The second element of medical malpractice is proving that the healthcare provider violated their duty of care. A breach occurs when the provider fails to meet the standard of care expected in the medical community. This means the medical professional’s actions (or inactions) fell below what a competent professional would have done in similar circumstances.

Breach of duty can take many forms, including:

• Misdiagnosis. When a doctor diagnoses a condition incorrectly or misses it entirely, they might violate their duty of care. This error can cause the patient to receive the wrong treatment or none, potentially leading to harm.
• Improper treatment. Even if a diagnosis is correct, administering the wrong treatment or using an outdated or inappropriate method can be a breach of duty. This includes using a treatment that is not widely accepted in the medical community or failing to follow the standard treatment protocols.
• Delayed diagnosis or treatment. Delaying the diagnosis or treatment of a serious condition can be as harmful as misdiagnosis. If a healthcare provider fails to act promptly, allowing a condition to worsen unnecessarily, this delay can constitute a breach of duty.
• Failure to monitor or follow up. After a procedure or diagnosis, healthcare providers must monitor the patient’s progress and follow up with necessary care. Failing to do so, especially when complications are likely, can be a breach of duty. For example, not monitoring a patient for signs of infection after surgery or failing to follow up on abnormal test results can lead to serious consequences.
• Surgical mistakes. Mistakes made during surgery, such as unnecessary operations, targeting the wrong body part, or leaving instruments inside a patient, constitute clear violations of duty. Surgical errors can lead to complications, prolonged recovery times, and permanent disability or death.
• Medication errors. Administering medication incorrectly, prescribing the wrong medication or dosage, and failing to check for potential drug interactions can lead to serious harm. These errors can cause adverse reactions, worsen the patient’s condition, or result in a life-threatening situation—an estimated 98,000 people die annually due to medical errors in the U.S.
• Improper use of medical equipment. Misusing medical equipment during a procedure or in ongoing care can result in harm. This could involve using the wrong settings on a device, failing to maintain equipment properly, or not ensuring that staff are adequately trained in its use.
• Neglecting to address patient concerns. If a patient expresses concerns or reports symptoms that their healthcare provider ignores, this neglect can lead to a breach of duty. For instance, if a patient reports new or worsening symptoms and the provider dismisses them without proper investigation, it could result in undiagnosed conditions and additional harm.
• Failure to provide informed consent. When a healthcare professional fails to inform a patient of the risks, benefits, and alternatives associated with a procedure, the patient cannot make an informed decision. This lack of informed consent is a breach of duty, as it violates the patient’s right to be fully aware of the potential outcomes of their treatment.

You’ll typically need expert testimony from other medical professionals to prove a breach of duty. They can explain what the standard of care should have been and how the healthcare provider failed to meet it.

3. Causation

The third element of medical malpractice is causation. This means that the breach of duty caused your injury or harm. You must prove that your injury directly resulted from the healthcare provider’s negligence.

This element can be challenging to prove because it requires a clear link between the breach of duty and the injury sustained. For example, if a doctor’s failure to diagnose a condition led to a worsening of that condition, you would need to demonstrate that the delay in diagnosis directly caused your injury or made your condition worse.

You must prove more than healthcare provider negligence; you must also show that their poor medical care caused your injury. You will need expert testimony from another medical provider in a similar field to show this impact. They can help connect the dots between the breach of duty and the resulting harm.

4. Damages

The final element of a medical malpractice claim requires proving that you suffered damages due to the healthcare provider’s negligence. In legal terms, damages refer to the losses you’ve experienced because of the medical error. These losses can be both economic and non-economic, affecting your finances and quality of life.

Damages in a medical malpractice case can encompass various financial and personal losses. These include:

Proving Damages in a Medical Malpractice Case

To successfully claim damages in a medical malpractice lawsuit, you must provide evidence of the losses you’ve experienced. This evidence demonstrates the extent of the harm caused by the medical negligence and justifies the compensation you’re seeking.

You can substantiate your damages with the following:

• Medical bills and records. Gather detailed records of your medical expenses, including surgeries, hospital stays, medications, and rehabilitation bills. These documents provide a clear picture of the financial impact of the malpractice and help your attorney calculate accurate compensation.
• Wage statements and employment records. Provide wage statements, tax returns, and other employment records to prove lost wages or diminished earning capacity. These documents help establish the income you’ve lost and may lose due to the injury.
• Expert testimony. Expert witnesses, such as medical professionals and economists, may be called upon to provide testimony. Medical experts can explain the extent of your injuries, necessary treatments, and the injury’s impact on your future health. Economists can help quantify future lost earnings and other long-term financial consequences.
• Documentation of pain and suffering. While pain and suffering are more subjective, you can document them through personal statements, psychological evaluations, and testimony from family and friends who have witnessed the impact of your injury. Keeping a pain journal where you record your daily experiences of pain and emotional distress can also be valuable evidence.
• Photographs and videos. Visual evidence of your injuries and how they’ve affected your life can be powerful in demonstrating the severity of your condition. Photos and videos that show your physical condition, the impact on your daily activities, and the changes in your appearance can help convey the full extent of your damages.

How Cochran, Kroll & Associates, P.C. Can Help

Dealing with legalities after a medical malpractice injury requires qualified legal guidance. At Cochran, Kroll & Associates, P.C., we have the experience and hands-on knowledge to guide you through every step of the process.

Eileen Kroll, a senior partner at our firm, brings a unique advantage to our medical malpractice cases. With a background as a registered nurse, Eileen has an in-depth understanding of medical procedures and standards of care. This medical knowledge allows her to effectively analyze your case, identify where breaches occurred, and work closely with medical experts to build a strong argument on your behalf.

Terry Cochran, another partner at our firm, has proven experience as a trial lawyer. Terry’s courtroom skill and commitment to fighting for his clients have led to numerous successful verdicts in medical malpractice cases. His reputation as a strong advocate for victims of medical negligence makes him a powerful ally in your pursuit of restitution.

Our firm has a proven history of securing favorable outcomes for our clients in medical malpractice cases. We won $15.8 million for the family of a birth injury victim, $9 million for a man who experienced delayed medical care, and $225,000 for a woman who suffered a breast cancer misdiagnosis.

When Medical Malpractice Occurs, Get Legal Advice

Understanding the four elements of medical malpractice is essential for anyone considering a medical malpractice claim. You must prove each element for a successful claim—if you don’t, it could result in a dismissed case.

Working with experienced medical malpractice lawyers is important. At Cochran, Kroll & Associates, P.C., we understand the complexities of malpractice law and know how to prove the four elements of medical malpractice for your case.

If you or a loved one has been a victim of medical malpractice, speak to an attorney as soon as possible. Our team offers a free legal consultation to discuss your case and help you understand your options. We’ll work to ensure that you receive the maximum compensation you deserve for the harm you’ve suffered.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW  and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.