What are the four criteria required to prove medical malpractice?

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To prove medical malpractice, four key criteria must be established: duty, breach, damages, and causation.

Duty refers to the healthcare provider's obligation to adhere to a standard of care in delivering treatment to patients. This establishes the relationship between the patient and the provider, signifying that the provider is expected to act in accordance with medical norms and practices.

Breach involves demonstrating that the provider failed to meet the established standard of care. This could mean a wrongful act or an omission of necessary action that a competent provider would have performed, thus falling short of their professional duty.

Damages are the tangible losses that the patient has suffered as a result of the breach. This could include physical harm, emotional distress, or financial loss reflecting the impact of the malpractice.

Causation connects the breach of duty directly to the harm sustained by the patient. This means that it must be shown that the provider’s failure to uphold the standard of care was directly responsible for the patient’s damages.

Together, these four criteria form the foundation upon which a medical malpractice claim is built, ensuring that each element is thoroughly established to validate the claim.

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