What ate the elements of a medical negligence lawsuit?
In order to have a viable claim, the plaintiff must establish the following four elements of a negligence tort: • Duty to act: The plaintiff must show that the health care professional(s) had a duty to care or treat a patient. • Breach of Duty: The plaintiff must show that the health care provider failed to provide care or treatment that meets accepted medical standards. This can be proved in a medical negligence case through expert testimony or by obvious errors) • Injury: The plaintiff must show that this breach of duty was a proximate cause of the injuries or death suffered by the patient. • Damages: Lastly, the plaintiff must show that the injuries resulted in damages, such as wrongful death, medical costs, emotional pain, physical suffering, lost or reduced ability to garner income, loss of consortium, and the like. If no damages were suffered as a result of medical negligence, the claim is not viable. While it is important to understand these elements of your claim, it is not nec
