Elements of Medical Malpractice
The Three Elements Required: 1. Breach, 2. Causation, and 3. Damages
Breach of the Accepted Standard of Care
Acts or Omissions May Constitute a Breach of the Accepted Standard of Care
The term "breach of the accepted standard of care" refers to a failure of a doctor, surgeon or other medical or health care professional to fulfil his or her duty always to meet or exceed the accepted standard of care within their professional field of practice. The duty of a medical care professional to meet or exceed the accepted standard of care always is in effect.
A medical care professional may "breach" his or her duty to meet or exceed the accepted standard of care if they fall below the accepted standard of care through either an "act" (actively did something wrong, like perform a gastric bypass surgery on someone who was only 50 pounds overweight and, therefore, was not a proper candidate for the surgery) or through an "omission" (failed to do something right, like diagnose a malignant, cancerous tumor when it was plainly visible on an x-ray at an early stage when it could have been treated successfully with full recovery).
Not every failure to meet or exceed the accepted standard of care supports a claim for medical malpractice, surgical malpractice or professional negligence. The other two elements, "causation" and "damages" also must exist and be provable. Causation and Damages can be interrelated, as you will see.
Links to More Information about the Three Elements Required
All three elements must exist and be provable for there to be valid case for medical malpractice. Click the blue text links for more information.
I. Breach of the Accepted Standard of Care
B. Omissions (Failure to Act)
A. Economic Damages
1. Out-of-Pocket Expenses
2. Wage Loss
B. Non-Economic Damages
1. Physical Pain and Suffering
2. Emotional Pain and Suffering
Where can we take you?
To learn about Types of Medical Malpractice and Surgical Malpractice, Click Here.
To learn about Birth Injuries and Delivery Malpractice, Click Here.
To learn about Cerebral Palsy, Click Here.
To learn about Gastric Bypass Surgery, Click Here.
To learn about Gastric Bypass Surgery Malpractice, Click Here.
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