What qualifies as medical negligence?

Understanding what qualifies as medical negligence helps patients recognize when they have experienced malpractice. Determining whether medical negligence occurred requires careful analysis of the facts and applicable medical standards. 

At Fowler Pickert Eisenmenger Norfleet, our Kansas City medical negligence attorneys understand how to determine if medical negligence took place, and we work to hold health care providers accountable when their actions fall below professional standards. Below, we explain the four elements required to establish medical negligence. 

The Four Elements of Medical Negligence

Missouri law requires patients to prove four distinct elements, which are listed below, to establish a successful medical negligence claim. Each element must be demonstrated with clear and convincing evidence, which is why it’s so important to consult with a Missouri medical negligence attorney as soon after you believe you have experienced medical negligence as possible.

1. Duty of Care

Duty of care is the foundation of any medical negligence case. Health care providers are obligated to provide care that meets accepted medical standards. This duty begins when a doctor-patient relationship is established, whether it is through a formal appointment, emergency treatment, or consultation. The relationship creates a legal responsibility for the health care provider to act with the skill and knowledge that a reasonably competent medical professional would use under similar circumstances.

2. Breach of Duty

Breach of duty occurs when a health care provider fails to meet the established standard of care. This element requires demonstrating that the medical professional's actions or inactions fell below what a competent provider would have done in the same situation. The breach might involve misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or inadequate monitoring of a patient's condition.

3. Causation

Causation establishes the connection between the health care provider's breach of duty and the patient's injuries. Missouri law requires proof of both factual causation and legal causation. Factual causation means the breach directly caused the harm; that the injury would not have occurred "but for" the medical professional's negligence. Legal causation requires that the harm was a foreseeable consequence of the breach.

Causation can be particularly challenging to prove in medical negligence cases because patients often have preexisting conditions or face inherent risks from their medical conditions. The patient must show that the health care provider's negligence, rather than the underlying illness or natural disease progression, caused the additional harm.

4. Damages 

Damages represent the actual harm suffered by the patient as a result of the medical negligence. Missouri recognizes both economic and non-economic damages in medical malpractice cases. Economic damages include medical expenses, lost wages, reduced earning capacity, and ongoing care costs. Non-economic damages compensate for pain and suffering, emotional distress, and diminished quality of life.

The damages must be directly related to the health care provider's negligence. The damage calculation does not include harm that would have occurred regardless of the medical professional's actions.  

Medical Mistake vs. Medical Negligence

Not every adverse medical outcome constitutes negligence. Treating patients involves inherent risks, and the most competent health care providers cannot prevent all negative outcomes. The distinction between a medical mistake and medical negligence lies in whether the health care provider's actions met the accepted standard of care.

Medical Mistakes Explained

Medical mistakes that do not constitute negligence include complications that occur despite proper care, adverse reactions to medications that could not have been predicted, or unsuccessful treatments that were appropriately selected and administered. Health care providers are not guarantors of positive outcomes, and patients cannot sue simply because their condition did not improve or got worse despite treatment.

Medical Negligence Definition

Medical negligence occurs when health care providers make preventable errors that a competent professional would not have made under similar circumstances. Examples include operating on the wrong body part, prescription errors such as prescribing medications despite known allergies, failing to diagnose obvious symptoms, or discharging patients who clearly need continued care.

Timing Matters in Defining Medical Negligence

The timing of when a health care provider recognizes and responds to problems can impact the distinction between a medical mistake and negligence. For example, a competent provider who is able to identify and address a complication quickly may avoid liability. However, a provider who fails to recognize obvious warning signs or delays appropriate treatment can be held accountable for medical negligence.