- A doctor-patient relationship exists;
- Treatment or the absence of treatment that falls below the standard of care;
- The failure in the standard of care caused harm; and
- Harm resulted to the patient.
The Medical Standard of CareThe standard of care is a source of contention in a medical malpractice case. Defining the standard can be a two-part undertaking directed by medical experts. Plaintiffs must show:
- the appropriate medical standard of care that should apply to the case, and
- where the doctor or healthcare provider fell short.