Elements Of A
A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim in Kansas City.
- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert
testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing speaks for itself).
- The breach caused an injury: The breach of duty was a proximate cause of the injury.
- Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.
