Elements of Medical Malpractice

Medical Malpractice Lawyer

Medical Malpractice

For a physician or caregiver to be guilty of medical malpractice, he or she needs to act negligently towards a patient. While some doctors claim that medical malpractice claims are unreasonable and increase their insurance costs, there are many reasons to file lawsuits against medical professionals who commit medical negligence. If you were the victim of negligence, it could result in expensive medical bills, loss of quality of life and more. 

If you are not sure whether you have a strong malpractice case, here are the four elements that a medical malpractice lawyer will consider when assessing your case.


Medical professionals have a duty to their patients. They have a duty to ensure that they receive the best possible care. In the medical field, accidents do happen, and most doctors are protected against true accidents that were purely unavoidable. In general, medical professionals have to perform the best possible care for their patients though, which is why if you think you have not been administered quality care you may be able to make a claim. If you are seeking a medical malpractice lawyer can assist you with your claim.

Breach of Duty

Once you prove that the medical provider had a duty to you, you have to prove that they did not meet a reasonable standard of care. To prove breach of duty, you may need your medical records and the testimony of experts. An expert witness may convince a judge that the medical professional did not act as any other reasonable professional would in that situation. If a doctor negligently provides you with the wrong medication, then he or she has breached the duty of care owed to you.


If your medical provider does breach his or her duty, you must prove that the action or inaction caused the injury or further ailment. A bodily injury caused by the doctor during surgery, or another procedure is something that could qualify as a causation. Another example is if you were given a prescription from the doctor for a medicine that has nothing to do with your direct needs for your ailments. The incorrect medication could cause you more suffering or even keep you from healing as a result of that doctor’s negligence.  

Injury and Damages

If a medical professional breached his or her duty, then it has to result in damages. If you were to receive the wrong diagnosis and your real condition worsened or caused more illness and injury, then you may be able to seek damages. Further doctors’ visits and care would result in more doctors bills that could have been avoided if not for the initial wrong diagnosis. Medical malpractice lawyers exist in order to hold doctors accountable for work that is not of accepted standards and high quality. To find out if you have a strong medical malpractice case, you should speak with a malpractice lawyer as soon as possible.