Examples of medical malpractice

The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.

To prove a case of medical malpractice, an attorney must demonstrate that a healthcare provider: Had a duty of care to the patient. Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted) That the breach, or error, caused actual harm to the patient.