What must a patient demonstrate to obtain a judgment for negligence against a physician?

To obtain a judgment for negligence against a physician, a patient must demonstrate four key elements: duty, dereliction of duty, direct or proximate cause, and damages.

Duty refers to the obligation that the physician has to provide care that meets a certain standard, which is typically that of a reasonably competent physician in the same field under similar circumstances. Dereliction of duty involves showing that the physician failed to meet that standard of care; this could be through acts of omission or commission that would be deemed negligent by peers in the profession.

Direct or proximate cause establishes a link between the physician's negligent action and the harm that resulted; it must be proven that the injury was a foreseeable consequence of the physician's failure to act appropriately. Finally, damages are the actual injuries or losses that the patient suffered as a result of the negligence; these can include physical, emotional, or financial harm.

Without demonstrating all four elements, it becomes challenging for the patient to successfully claim negligence, as each plays a critical role in establishing the legal basis for the claim. This clear framework ensures that not only was there a failure in care, but that this failure directly resulted in quantifiable harm to the patient.