There are various different categories of professional negligence that occur under the law, each with somewhat different standards and guidelines.
To have a viable medical malpractice claim, for instance, there are four primary elements that need to be proven. First, a ‘duty’ to the patient which is generally present when the provider is rendering some care to a patient, that being to act within the standard of care;
second, a ‘breach’ of the care owed to the patient (whereby, the patient has the burden of proof to show by the greater weight of the evidence that the actions of the provider breached the professional standard of care; that standard is understood to mean the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably prudent similar providers); then, ‘causation’ needs to be established, that the breach caused or contributed to harm to the patient; and, ‘damages’ that are some discernible harm to the patient as a result of the medical mistake.
