Medical Malpractice and the Elements of a Tort

Medical malpractice is a type of professional negligence in which a patient has been injured or worse because of a doctor’s actions. This covers a wide range of potential injuries, from surgical errors to misdiagnosis of a disease to prescription errors. Medical malpractice is a type of tort, a field of law that covers civil wrongs. Victims of medical malpractice are entitled to financial compensation for their injuries; but in order to get this compensation, the victim must prove that all four elements of a tort are present.

If you or someone you love has been the victim of negligent care, it is your legal right to seek financial compensation for your injury. Contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., today by calling 215-238-1130.

The Four Elements of a Tort

In order for a tort to exist, four specific elements must be in place. This establishes that negligence has been committed. The four elements are:

• The existence of a legal duty. In cases of medical malpractice, a legal duty exists when a hospital or doctor agrees to treat a patient.
• The breach of that duty. This occurs if the health care provider has not provided the standard of care. Expert testimony from fellow doctors establishes what the standard of care is.
• The breach of duty caused an injury. The patient has experienced health problems as the result of the negligent medical care.
• The injury resulted in damages. Damages form the basis of the claim – without financial or emotional damages, a tort does not exist.

If all four of these elements are in place, a tort has been committed, and you have the legal right to seek compensation for your damages.

Contact Us

If you’ve been the victim of negligent medical care and want to know more about your legal options, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C., today by calling 215-238-1130.