In the legal space, there are four main elements you need to prove in order to determine if you have a valid medical malpractice case. Familiarizing and being able to prove these elements can help you decide if taking legal action is the best course.


Medical providers are responsible for the overall health and wellbeing of their patients, which is established by the duty of care. This means that medical providers must provide the same level of care as any other medical provider would under similar circumstances. The existence of a duty makes your medical provider legally and ethically responsible for your health. This element is relatively easy to prove and establish compared to other elements.

RELATED ARTICLE: The Dangers of Medical Misdiagnosis: How to Know if You Have a Claim

Breach of Duty

During medical treatment, a medical provider could breach their duty of care in various ways. This breach could be negligence, or intentionally ignoring the standard of practice. If a medical provider failed to provide you with the proper level of care as any other medical provider would have given, they could be found to have breached their duty of care.

For example, if a surgeon operates without following safety protocols, or fails to use the right procedure for an operation, they could be found guilty of breaching their duty of care.


The third element is injury. This means you need to prove that the breach caused physical harm or damage to your body. This can include conditions becoming worse, or inability to get better with the help of medical treatment. If you are able to prove that the breach caused physical damage, then this element will have been fulfilled. The best example of this would be performing the wrong surgery on a patient, resulting in physical injury and/or mental distress.

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Resulting Damages

The fourth and last element is damages, which means you must be able to prove that due to the medical provider’s negligence, you incurred financial losses. This could include loss of wages, increase of medical bills (due to being treated for the wrong condition), or any other costs related to the injury caused by the breach.

Resulting damages can also be in the form of non-economic damages, such as pain and suffering, loss of consortium, or mental distress. Compensations are also given for non-economic damages, although it is more difficult to prove and establish than economic damages.

The Bottom Line

If you have been researching whether you have a medical malpractice case, the four main elements mentioned here should help you identify if your case is valid. However, it is still best to seek help from a legal professional to determine if your case is worth pursuing. A medical malpractice lawyer could help you in identifying, building and establishing the four elements mentioned here and helping you get the necessary compensation for medical malpractice.

Contact Gallon, Takacs & Boissoneault for a Free Medical Malpractice Consultation

If you or a loved one has suffered due to misdiagnosis, contact the experienced medical malpractice attorneys at Gallon, Takacs & Boissoneault. We can help you understand your rights and determine if you have a valid claim.

Contact us today for a free consultation.

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