![]() ![]() They must all be present to form the basis for a claim, and an attorney must prove them all to succeed in a medical malpractice case. ![]() There are four basic elements to a medical malpractice case. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.īesides, what are the elements of a medical malpractice claim? To do so, four legal elements must be proven: (1) a professional duty owed to the patient (2) breach of such duty (3) injury caused by the breach and (4) resulting damages.
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