In medical malpractice cases, just like in other negligence cases, the injured person must prove four elements to recover against a negligent doctor, nurse or medical institution. The four elements are:
Establishing the duty of care. That is, proving that the person you say is negligent had a duty to treat and care for you in a certain manner. This is generally established through an expert doctor who will testify in court as to the standard of care that the doctor, nurse or medical institution should have followed. By way of analogy, it’s like establishing that a car driver has a duty to drive on the right side of the road and stop at red lights.
Breach of the standard of care. Before a doctor, nurse or medical institution can be negligent, there must generally be expert testimony that there was a deviation or breach of the standard of care. In other words, the expert must testify that somebody did something wrong.
Causation. In a general sense, causation means: Was the negligent care that you received a CAUSE of your injury. Said another way, would you have wound up with the same result even if there was no negligence. This element can be highly complex and is often hard-fought.
Damages. In every case, there must be some damages that resulted from the negligent treatment. These damages can consist of physical and mental pain and suffering, medical bills, lost wages, disability and impairment and others.