Duty
The doctor or hospital owed a duty to the patient. For example, a doctor has a duty to examine a patient when they complain of an illness. This usually includes a physical examination as well as gathering information on the patient’s medical history.
2. Breach
The doctor or hospital breached their patient duty in some way. If a doctor fails to take actions that a reasonably prudent doctor would have taken in the same or similar circumstances, there is likely a breach of this duty.
3. Proximate Cause
The breach has to be a proximate cause to the injury or harm caused to the patient. If the doctor failed to run a particular test that any other reasonably prudent doctor would have run in similar circumstances, and an injury or harm is suffered as a result, the proximate cause requirement is probably satisfied.
4. Damage or Harm
To be successful in a hospital medical malpractice claim, the patient has to actually suffer damages or harm. It isn’t enough just to show that the doctor or hospital was negligent.