The Important Elements of Medical Malpractice Claims


Many patients visit and entrust their lives to their physicians without enduring any problems. Although the majority of healthcare professionals are dedicated to their profession and to providing their patients with the care they need and deserve, the fact remains that medical negligence does occur. If you or a loved one has been injured due to the mistake and errors of a medical professional, you may be entitled to monetary compensation.

How To Prove a Medical Malpractice Claim

Medical malpractice occurs when a healthcare professional does something or fails to do something that injures the patient. The healthcare professional’s act or failure to act is called “medical negligence.”

In order to prove a medical negligence claim, your medical malpractice attorney must prove the following elements:

1. Legal Duty: 

Duty is defined as the degree of care that an ordinary and prudent medical professional would have provided their patient under similar circumstances.

2. Breach of Duty of Care: A

Breach of duty of care occurs when the healthcare professional fails to follow the standard of care owed under similar circumstances

3. Causation: 

The causation element is met if “but for” the healthcare professional’s act or failure to act, the patient would not have been injured. In order to prove this element, it may be necessary to hire an expert witness.

4. Damages: 

This element is satisfied if there is any resulting injury or harm to the patient.

Proving a medical malpractice claim is often difficult. To make sure that you or a loved one gets the full extent of damages that you are entitled to, it is in your best interest to consult an experienced medical malpractice attorney who specializes in this field of law.

Call Us Today

For more information or to schedule a free consultation with an experienced California medical malpractice lawyer, please call the Law Offices of Samer Habbas.
Location: California, USA

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