Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law.
A person who alleges negligent medical malpractice must prove four elements:
(1) a duty of care
was owed by the physician;
(2) the physician violated the applicable standard of care;
(3)
the person suffered a compensable injury; and
(4) the injury was caused in fact and proximately
caused by the substandard conduct. Physicians, as professionals, owe a duty of care to those who
seek their treatment.
This element is rarely an issue in malpractice litigation, because once a doctor agrees to treat a patient, he or she has a professional duty to provide competent care. More important is that the plaintiff must show some actual, compensable injury that is the result of the alleged negligent care.