Four Elements of Medical Malpractice
Medical malpractice occurs when:
A medical professional owes a duty of care to a patient.
The medical professional does something to breach that duty.
The breach causes the patient to be injured or suffer a worsened injury.
The injury resulted in damages.
The breach of duty must have also been something that another reasonable medical provider would have not done in the same situation. This specificity makes it more difficult to file a medical malpractice claim because a medical mistake or an unexpected outcome does not always constitute malpractice if another medical professional could have reasonably done the same thing.