The law of negligence governs most claims advanced against physicians, hospitals, and other health care professionals. The basic elements of negligence are relatively straightforward to state, but interpreting and applying them to a specific case can be much more difficult.
In this blog post, we will identify and explain the basic elements of a medical negligence claim. This general information is intended to provide individuals with a base understanding of negligence law for considering whether they may have a valid medical negligence claim.
What are the basic elements of a medical negligence claim?
To be successful in a claim for medical negligence, the plaintiff must establish four conditions:
The defendant owed the plaintiff a duty of care;
The defendant breached the applicable standard of care;
The plaintiff suffered an injury or loss; and
The plaintiff’s injury or loss was caused, in fact and in law, by the defendant’s breach.
If any one of these conditions is not established, the claim will be dismissed.
1. Did the defendant owe the plaintiff a duty of care?
A duty of care is a legal obligation or responsibility imposed on a person or organization to avoid acts or omissions that may cause harm to any individual to which the duty is owed. It is a precondition for any medical negligence claim to establish that a particular defendant had a duty to exercise care in connection with a particular plaintiff.
The presence of a duty of care is not a contentious issue in most medical malpractice cases because such duty arises upon the formation of a doctor-patient relationship. There are, however, atypical situations in which establishing a duty of care may be more difficult. For instance, the scope and even the existence of a duty of care to a patient may be impacted where patients are examined at the request of a third party such as an insurer.
2. Did the defendant breach the applicable standard of care?
Any successful claim for medical negligence must establish that a defendant breached the standard of care applicable to them considering all relevant circumstances. The standard of care applicable to a specific defendant is dependent on the unique facts of the case. As such, plaintiffs are typically required to produce expert evidence establishing the applicable standard of care and identifying the defendant’s breach.
In general, each medical practitioner must bring a reasonable degree of skill and care to their task. More specifically, medical practitioners must exercise the degree of skill and care which would be expected of a normal prudent practitioner of the same experience and standing.
There are several factors that can impact what is considered reasonable in the circumstances. These factors include the physician's qualifications, the physician’s level of seniority, the degree of risk inherent in the medical treatment, and the facilities and equipment available. For example, the degree of skill and care required of a specialist in matters within their field of specialization will be higher than what would be expected of a general practitioner.
3. Did the defendant suffer an injury or loss?
The existence of a material injury, sometimes referred to as loss or damage, is an essential element of any claim for medical negligence. It is not enough to establish that a duty of care was owed and that the healthcare provider gave substandard care.
It is a fundamental aim of negligence law to restore the plaintiff, to the extent possible with money, to the position they were in prior to the negligent act. If a plaintiff establishes the elements of medical negligence, the court will assess the appropriate quantum of damages. This means they will attach a dollar value to the plaintiff’s losses caused by the negligent act, which can include compensation for certain types of non-monetary loss.
4. Was the loss caused, in fact and in law, by the standard of care breach?
A medical negligence claim cannot succeed unless the plaintiff establishes their injury or loss was caused, in fact and in law, by the defendant’s breach of the applicable standard of care.
The standard test for factual causation requires the plaintiff to show they would not have suffered the injury “but for” the standard of care breach of a defendant. In exceptional circumstances, a negligence claim can be successful where the plaintiff establishes that a defendant’s breach materially contributed to the risk of the plaintiff’s injury or loss.
The question of legal causation considers whether an injury or loss is too unrelated to the wrongful conduct to hold the defendant liable. If the injury or loss claimed would not have been foreseeable by a reasonable person in the position of the defendant, the injury or loss can be considered too remote to be legally caused by the defendant’s conduct.
How can MedCounsel help?
Every action is decided on its unique facts.
If you have a specific question about how the basic elements may be applied to your individual case, we strongly advise speaking with a lawyer to better understand your rights.
MedCounsel Law operates out of St. John’s, Newfoundland and Labrador. We advocate exclusively for patients injured by medical errors. At the outset of any engagement, MedCounsel Law can provide individuals with access to medical experts to clarify any potential negligence in their case and help them determine the best course of action.
To learn more about MedCounsel Law, give us a call at 1-709-552-4135.
