Medical malpractice is based on the principle of professional guarantee. Everyone, including the facility, involved in treating an individual is obligated to render services at a reasonable standard. If that individual is harmed or suffers because of erroneous or careless judgment, negligence is present and action may be taken.

Duty is the first essential element of medical malpractice. Anyone accused must have had an obligation to the person claiming negligence. No matter how dire or severe the circumstances, medical professionals are not obligated to treat anyone with whom they have no established relationship. The law recognizes that justice cannot be served if people with medical expertise are forced to act in hasty situations but held to a professional standard. However, if a medical professional volunteers his/her assistance, he/she is responsible for resulting harm caused by negligence.

Breach of duty is the second element of medical malpractice. Every patient has an affirmative right to a legally established standard of care. Duty obligates all medical professionals to that standard, which is judged by the level of competency and professionalism of peer professionals in the same or similar circumstances.

This means that specialists are held to the standard of specialists in their field. It also means that if a registered nurse opts to perform duties normally performed by a specialist, he/she will be judged by the standard of the role that he/she acted in.

Standard of care is based upon the locality rule, which judges skill, care, and competency by location. At one time, the education, equipment, and facilities available to medical professionals greatly varied throughout the country. The law sought to protect medical professionals by holding them to a standard that was reasonable within their area. Nowadays, as medical care is becoming more uniform, the locality rule includes an examination of state development.

Harm or damage resulting from substandard care is the third critical element. The accuser must suffer a negative result that he/she would not have suffered if a medical professional had not acted negligently. All medical professionals should possess certain undeniable skills but they are not required to be miracle workers. Action cannot be brought against a physician solely because a patient does not achieve desired. Most states prohibit any medical malpractice claims based upon a doctor’s promise for a guaranteed result. A few states allow the exception of cosmetic surgery if the guaranteed result is stated in a written contract.