What are the elements of a medical malpractice claim?

Medical malpractice claims involve four essential elements: duty, breach of duty, causation, and damages. 1. Duty: The first element of a medical malpractice claim is a duty of care that the medical provider owes to the patient. This duty must be established that the medical provider had a legally obligated duty to the patient. 2. Breach of Duty: The second element is breach of duty. This is when the medical provider did not meet the standard of care that was required of them. 3. Causation: The third element of a medical malpractice claim is causation. This means that the breach of duty by the medical provider must be the direct cause of the injury, illness, or death of the patient. 4. Damages: The fourth and final element of a medical malpractice claim is damages. This element proves that the injury, illness, or death caused by the medical provider’s breach of duty caused some sort of harm to the patient, such as physical injury, emotional trauma, or financial losses. In Michigan, a medical malpractice lawsuit must include all of these elements to be successful. If one of these elements is not met, then the case will most likely not be able to proceed in court. It is also important to note that there are additional elements, such as statutes of limitations, that must be taken into consideration when filing a medical malpractice claim in Michigan.

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What are the elements of a medical malpractice claim?

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