Res ipsa loquitur

Res ipsa loquitur is Latin for "the thing speaks for itself".  There are 4 elements that must be met in any negligence or medical malpractice claim.  

What are the legal elements of a medical malpractice case?

1. Duty
2. Breach of Duty
3. Patient Injury/Damages
4. Causation
   

Definitions of legal elements of medical malpractice claim.

·    Duty - In order for a doctor, nurse, dentist, hospital or any other medical professional to be held liable for patient injury, a duty must be established. In most cases, the duty is established simply be visiting and being treated by a medical professional.

·    Breach of Duty - A breach of duty usually comes in the form of negligence, although, in some very rare cases, the breach of duty can be intentional. Essentially, the breach of duty means that the medical professional did not treat the patient according to the accepted medical standard of care.

·    Patient Injury/Damages - Similar to every other type of personal injury or tort law case, in order to bring a claim or lawsuit, there must be damages for which to seek compensation. In medical malpractice cases, the damages are in the form of injury to the patient as well as any further costs associated with that injury. The injury may be cancer allowed to spread due to a failure to diagnose, which leads to an inability to work and earn an income, as well as medical bills, pain and suffering and other damages.

·    Causation - One critical element that must be proven before a lawsuit or claim can be brought is causation. This is the legal concept linking the negligence or breach of duty to the damages/patient injury. It must be proven that the breach of duty was a direct cause of the damages. This is often one of the most complicated parts of a medical malpractice case, because medical treatment and patient illness are complex, and tying the two together often involves complex scientific evidence.

Source: Medical Malpractice.Com

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