What are the elements of a medical malpractice claim?

Medical malpractice in Virginia is defined as a legal wrong committed by a healthcare provider as a result of either negligence or failure to provide the standard of care expected from a reasonable healthcare provider in a similar situation. A successful medical malpractice claim must include four elements. The first element of a medical malpractice claim is that a legal duty of care was owed to the patient by the healthcare provider. This means that the healthcare provider had a legal obligation to provide the best possible medical advice, diagnosis and treatment to their patient. The second element of a medical malpractice claim is that the healthcare provider breached their legal duty of care. This means that they failed to meet the standard of care expected from a reasonable healthcare provider in a similar situation. The third element of a medical malpractice claim is that the patient suffered some sort of injury or harm as a result of the breach. This could take the form of physical harm, emotional distress or financial loss. The fourth and final element of a medical malpractice claim is that the injury or harm suffered was the direct result of the healthcare provider’s breach of their legal duty of care. This means that the harm would not have occurred if the healthcare provider had provided the standard of care expected from a reasonable healthcare provider in a similar situation.

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What are the elements of a medical malpractice claim?

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