Medical malpractice refers to negligence of a medical professional that leads to damages in the patient. But before one can even begin to file for medical malpractice, you must bring claims to your lawyer to help settle the dispute; these are often called the 4 D’s.


The 4 D’s are medical malpractice elements that must be presented and proven based on the evidence provided.


Duty of Care: 


Proving duty of care is generally easier than the other D’s. Tracing the person who is responsible for the malpractice is easier, as every medical professional that treats the patient is documented and covered under the hospital’s duty of care.

Deviation from Duty:


Plaintiffs must prove that the doctor failed in terms of best accordances and proper practice. Practically, your lawyer must prove that the medical professional acted in an abnormal way that a competent doctor would never dare do. So, what does this look like in reality?


A medical malpractice in deviation from duty could look like a doctor knowingly performing a procedure that is unnecessary, or prescribing the wrong medication.



Damages can only be claimed if there was a direct correlation from the medical malpractice resulting in proven damage. These damages can be physical, emotional or financial.

Direct Cause:


Direct causes must be proven that the damages were in direct correlation to the actions of the medical professional. This cause is often difficult to distinguish because of the complexity of medicine and word of mouth.