Which four elements are typically required to establish negligence in a healthcare setting?

• A. Duty, breach, causation, damages
• B. Duty, consent, confidentiality, damages
• C. Duty, breach, causation, damages
• D. Duty, standard of care, liability, damages

Answer: (C)

Negligence in healthcare is proven by four elements. First, a duty exists when a clinician–patient relationship is formed; the clinician owes the patient a standard of care. Second, there must be a breach of that duty, meaning the clinician failed to act as a reasonably competent professional would in similar circumstances. Third, the breach must cause harm—the injury must be a actual result of the breach (causation). This often involves showing both actual causation (but-for the breach, the injury wouldn’t have occurred) and, where applicable, proximate causation. Fourth, damages must be present—the patient suffered recognizable losses or injuries that the law can compensate. In healthcare, the standard of care helps determine whether a breach occurred, but it isn’t itself one of the four elements; it’s used to judge the breach. Consent and confidentiality are important ethical and legal considerations, but they don’t constitute the required elements of a negligence claim.