4 Key Elements of a Medical Malpractice Claim
a gavel on top of a stethoscope

4 Key Elements of a Medical Malpractice Claim

If you have been harmed by a healthcare worker’s negligence, you have the right to seek compensation for the damages you suffered. However, if you have never gone through the process before, it can seem overwhelming.

Medical malpractice claims are complicated and, in order to recover significant compensation, you must demonstrate four key ways a healthcare worker acted irresponsibly. This, combined with the fact that medical malpractice claims often involve going up against large hospitals and their insurers, means that you must have seasoned legal representation.

Below, we discuss how an experienced legal team can prove the four elements of a medical malpractice claim and recover significant compensation for you.

How to Prove Medical Malpractice

Healthcare workers have a standard of care they owe to patients. Medical malpractice occurs when healthcare workers violate this standard of care and, in so doing, harm a patient.

To prove medical malpractice, your legal team must demonstrate four elements:

  • The healthcare worker owed a duty of care to the patient. This exists whenever a hospital or healthcare worker undertakes a patient’s treatment.
  • The healthcare worker violated this duty of care. In other words, the hospital or healthcare worker failed to abide by the standard of care.
  • The violation of the duty of care caused an injury. The patient’s injury must have resulted from the healthcare worker’s failures.
  • The patient suffered losses from the negligent act or omission. These losses could be physical, emotional, and/or financial and amount to the damages you are entitled to recover.

Suffered from Medical Malpractice? We’re Here to Help

We understand the devastating consequences of medical malpractice, which is why we make it our mission to hold irresponsible healthcare workers accountable for their negligence. Our Miami medical malpractice attorneys have helped countless clients across the state recover the compensation they deserve. We’re here to help you, too.

Call Grossman Roth Yaffa Cohen at (866) 629-1061 to schedule a free consultation.


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