What Are The Main Elements Of Medical Malpractice?

Nobody should ever have to worry about being harmed due to the careless or negligent actions of a medical professional. However, we know that these incidents occur, and victims should be able to obtain compensation for their injuries. At The Weitz Firm, LLC, our Philadelphia medical malpractice lawyers want to discuss the elements that need to be proven in order for a medical malpractice case to be successful. The goal of our team is to secure the compensation you are entitled to.

Understanding the four elements of a medical malpractice case in Philadelphia

There are four basic elements of a medical malpractice case, and they must all be present in order to form the basis for a claim. The success of any medical malpractice case depends on an attorney being able to prove the following elements: duty, breach, causation, and damages.

  • Duty. This means that a medical professional owes the patient a duty to act reasonably inappropriate when they are treating them. This element is generally easy to prove whenever there is a physician-patient relationship. When this relationship is established, the medical professional has a duty to act with the reasonable “standard of care.”
  • Breach. This means that the medical professional has breached the duty that they owe the patient. It will need to be proven did they have deviated from or fallen below the acceptable standard of care (did the medical professional act in a way that a similarly trained professional would act in similar circumstances?)
  • Causation. This means that the medical professional’s breach of the standard of care directly caused or contributed to the patient’s injury or illness.
  • Damages. This means that the patient in question sustained harm due to the medical professional’s breach of duty. There must be some kind of quantifiable damages suffered by the patient in order for a case to be proven.

It will be necessary to secure assistance from a skilled Philadelphia medical malpractice attorney in order to prove all of these elements and have a successful outcome for your case.

Researchers at Johns Hopkins University have said that medical mistakes are the third leading cause of death in the country, killing as many as 250,000 people a year and injuring perhaps millions more. Victims of medical malpractice often sustain lifelong injuries and experience significant emotional and physical suffering.

Let us secure the compensation you deserve

If you or loved one has been harmed due to the careless or negligent actions of a healthcare professional, you may be entitled to significant compensation. These cases are not easy, but The Weitz Firm, LLC is going to work on securing the compensation you need, including:

  • Coverage for all medical expenses related to the mistake
  • Lost income and benefits if you cannot work
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Possible punitive damages against the healthcare provider responsible

When you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.