Tort Law · claim
Medical malpractice occurs when a healthcare professional fails to provide competent care and this failure causes injury to a patient. The standard of care is typically defined as what a reasonably competent provider would do in similar circumstances.
The healthcare provider has a legal obligation to provide care to the patient.
What to prove: It must be established that a provider-patient relationship existed, thereby imposing a duty to act in accordance with accepted medical standards.
The healthcare provider failed to meet the accepted standard of care.
What to prove: Evidence must be shown that the provider's actions or omissions fell below the acceptable standards typically upheld by similar practitioners.
The breach of duty directly caused injury or harm to the patient.
What to prove: It must be demonstrated that the injury was a direct result of the provider's breach of duty and would not have occurred but for that breach.
The patient sustained actual damages as a result of the healthcare provider's negligence.
What to prove: Quantifiable harms must be established, such as medical expenses, lost wages, or pain and suffering, attributable to the breach of duty.
The plaintiff bears the burden of proof, which is a preponderance of the evidence standard.
Pay attention to the nuances of the standard of care and causation issues, which often appear as common fact patterns in exam questions. Scenario-based questions may require you to assess the presence or absence of key elements.