What must be shown to prevail in a medical malpractice case?
While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: • The health care provider owed a duty to the patient • The health care provider breached that duty • The patient suffered an injury, and • The patient’s injury was a proximate cause of the health care provider’s breach A physician owes a duty to a patient once a “doctor-patient” relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.
