Ginsberg & O'Connor, P.C.

Call For A Free Consultation

Ginsberg & O'Connor, P.C.

Let Us Join You On The Path To Recovery

  1. Home
  2.  » 
  3. Medical Malpractice
  4.  » The 4 key elements of medical malpractice claims 

The 4 key elements of medical malpractice claims 

On Behalf of | Mar 8, 2024 | Medical Malpractice

Doctors and medical staff have a duty to try and make their patients better. Generally, this is what happens. Even in cases where this isn’t possible, medical staff have usually done their best. 

Sadly, in some cases, medical professionals can fall below the standard of care expected in the sector. If this happens, then the injured party may be able to pursue a medical malpractice claim. For the claim to be successful, the following four key elements must be present. 

The duty of care 

All doctor-patient relationships are founded on a duty of care. The duty of care begins from the moment a doctor consults with a patient. If the doctor cannot treat the patient, they must take steps to refer them to the appropriate professionals.

Breach of duty 

A breach of duty occurs when a doctor or medical professional takes actions that fall outside of acceptable practices within the profession. For example, if a doctor fails to accurately diagnose a condition. Or, if a doctor or pharmacist prescribes the wrong type of medication. 

It’s important to note that a breach of duty can also be an omission. For instance, if a doctor should have recognised the warning signs of a serious condition but failed to act on the information. 


For a medical malpractice claim to stand, the breach of duty must have caused the injuries in question. For example, if the prescription of the wrong medication resulted in adverse side effects. 

Quantifiable damages 

The amount of compensation awarded will depend on general and special damages. General damages may include pain and suffering and a loss of enjoyment in life. Special damages can include medical costs and lost wages. 

The more evidence you have behind you, such as medical records, the better the chances of success in your claim. Having as much legal information as possible will also help.