What are the elements of a cause of action?

Answer:

In lawsuits involving prescription of the wrong medication and causing a patient injury the plaintiff must prove four elements. These four elements must be presented in the initial court filing, called a complaint, or the plaintiff runs the risk of the case being dismissed from court.

Duty

The first element is that the accused party has some sort of duty to the injured party. A duty occurs when one party agrees to treat or manage something for another party. In a prescription malpractice case, the doctor has a duty to the patient of providing quality medical care.

Breach

Next, the plaintiff must prove that the physician breached this duty. In any personal injury case, this is the area where the injured party must demonstrate that the other party did not act in accordance with his duty. This can be shown through evidence that a party acted negligently or recklessly in his behavior.

Causation

It is not enough to merely show duty and breach. The plaintiff in an injury lawsuit must also demonstrate that the abnormal behavior – the behavior that constitutes a breach of duty – caused him harm. There must be a direct correlation between the behavior and the injury.

Damages

No lawsuit is sustainable without the injured party incurring some amount of damages. Damages refer to the expenses attributable to treatment of the injury and other results of the injury on the individual, such as pain and suffering or mental distress.

If you believe that your personal injury was caused by another individual, seek legal advice. A lawyer will review the facts of your case and discuss with you whether your claim satisfies all four required elements.

References:

Lawsuits Involving Wrong Medication Causing Patient Injury

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.