A plaintiff must establish all four elements
of the tort of negligence for a successful medical malpractice
claim.
1. A duty was owed – a legal duty exists whenever a
hospital or health care provider undertakes care or treatment
of a patient.
2. A duty was breached – the provider failed to conform
to the relevant standard of care. The standard of care
is proved by expert testimony or by obvious errors.
3. The breach caused an injury – the breach of duty
was a proximate cause of the injury.
4. Damages – without damages, which may be in the form
of pecuniary or emotional losses, there is no basis for
a claim, regardless of whether the medical provider was
negligent.
|
