The Four Elements of a Medical Malpractice Tort

Medical malpractice falls under the general heading of tort law, a branch of law which allows people to seek compensation for civil wrongs which are not contractual in nature. If a doctor or healthcare professional has botched the healthcare that you’ve received, you could use tort law to seek compensation for your injury.

If you or someone you love has been the victim of negligent or harmful medical care, it’s your legal right to fight for compensation for your injury. Contact the Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C., today by calling 610-667-7511.

The Four Elements

Under tort law, a tort has been committed if four requirements are all in place. The elements are:

• The presence of a legal duty, a form of legal obligation. For medical malpractice, a legal duty exists when the doctor agrees to treat the patient.
• There has been a breach of that duty. In medical malpractice, a breach of duty is a failure to provide medical care that meets the standards of treatment across the medical community. That is, the doctor’s treatment is viewed as insufficient by his or her medical peers. This is established in court through the testimony of a medical professional witness.
• The breach of duty caused an injury. A tort only exists if the breach of duty resulted in an injury; if the doctor’s negligent care did not result in health problems, there is no tort.
• The injury caused damages – a legal term describing the monetary cost of an injury. Damages can cover a wide range of financial costs, including lost work, lost wages, or long-term health expenses.

If all four of these elements are in place, then a tort exists and you can sue for financial compensation.

Contact Us

If you’ve been the victim of insufficient or negligent medical care, it’s your right to seek financial compensation. Contact the Pennsylvania medical malpractice lawyers of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.