What Are the Four C’s of Medical Malpractice?

By Ben Gobel on July 22, 2024

Despite ongoing preventive measures by medical practitioners and strict healthcare rules and regulations to enhance patient safety, errors still occur. If a healthcare provider deviates from the standard of care, they are liable for the injuries to their patient. This makes establishing liability a critical component of medical malpractice cases. 

If the patient is successful in their claim, they may be able to recover compensation for their suffering. The healthcare provider guilty of medical malpractice would face severe consequences, including financial, personal, and professional repercussions. However, proving medical malpractice is often complex. In this blog, we will explore the Four Cs of medical malpractice and understand their importance in such cases. 

What is Considered as Medical Malpractice? 

Medical malpractice refers to any act or omission by a healthcare provider that deviates from the accepted norms of practice in their areas of expertise. For example, if a doctor’s medical actions or inactions fail to meet the standard of care, then their behavior could be considered medical negligence. If this leads to an injury for the patient, then it becomes a case of medical malpractice. Unfortunately, medical malpractice cases are the third leading cause of death in the U.S. 

Causation 

The first C of medical malpractice is causation, which establishes the link between the healthcare provider’s actions or inactions and the patient’s suffering. In this step, it is important to establish the existence of a duty of care. When a healthcare provider treats a patient, they agree to a duty of care, which obligates them to perform their medical treatment according to an accepted standard of care. 

To understand the duty of care in a case of medical malpractice, consider a case of routine health checkup. The doctor agrees to perform the health check-up, establishing a duty of care. The doctor is required to perform the health check in a manner consistent with what other competent doctors would do in similar circumstances. If the doctor’s negligence leads to improper or mixed diagnoses, then the doctor could be liable for medical malpractice. 

While in this example, we are referring to a doctor performing a health check, however, the duty of care extends to all types of healthcare providers, including nurses and physical therapists.  

Consent 

Patients have the right to make informed decisions about their health, including the treatment that they will undergo. The patient has to provide the healthcare provider with their informed consent to proceed with any medical procedure. If the healthcare provider does not obtain informed consent, then it could provide legal grounds for a medical malpractice claim. 

If a patient is undergoing surgery, such as an appendix,  the doctor does not have the legal right to remove the patient’s gallbladder without prior consent. If the patient experiences complications or suffers harm due to unexpected procedures, then it could lead to a case of medical malpractice. The patient would argue that they did not provide consent for the additional surgery, and as a result, they have the right to file a claim or lawsuit against the surgeon. 

Communication

Healthcare providers have a responsibility to ensure they clearly communicate the treatment procedure, diagnostic results, potential risks, and other critical information to the patient. A lack of communication can lead to misunderstanding and confusion. Unfortunately, it can result in severe consequences for patients, who can file a medical malpractice case against the healthcare provider for suffering harm as a result of improper communication.

There are two types of communication issues in medical malpractice cases. The first is miscommunication between healthcare providers, where vital information is not conveyed accurately or clearly, resulting in errors or delays in diagnosis and treatment. 

The other is a lack of communication with the patient, where the patient does not understand their diagnosis, treatment options, and potential risks.  For example, if a doctor fails to communicate with the patient about possible side effects or interactions with a medication, and the patient suffers harm, then it could be considered medical malpractice. 

Establishing a lack of communication is often challenging, as much of it can happen verbally. However, to prove a lack of communication in a medical malpractice case, the patient usually uses their medical records and expert testimony. 

Competence 

Competence refers to a healthcare provider’s professional ability to provide treatment and care in line with accepted standards within their field. A healthcare provider’s incompetence can lead to severe injuries for the patient. To prove incompetence, the patient can show the healthcare provider deviated from what is generally accepted as competent treatment or care in their field. 

If a nurse administers a medication to a patient but fails to check the medical chart for allergies, then the nurse could be liable for not following proper procedure or protocol for the administration of a medication. If the actions of the nurse lead to further complications, the nurse could face a case of medical malpractice. 

To prove incompetence, the patient can rely on testimony from other healthcare providers in the field who can testify about the standard protocols used for administering medication. The hospital policies and procedures for medical admission can also be reviewed and used as evidence in the case.

Need Professional Legal Help With a Medical Malpractice Case? 

While the Four Cs of medical malpractice help clarify the foundational elements in establishing a valid medical malpractice claim, such cases can often get complex. If you or your loved one suffered harm due to medical malpractice, you can get in touch with our legal team at Ogg, Murphy, & Perkosky. We understand how traumatic it can be to suffer an injury due to medical malpractice. Allow us to get you justice through legal guidance and representation.

Our experienced medical malpractice attorneys can provide you with the compassionate advocacy you need. You can schedule a free consultation with one of our medical malpractice attorneys. After assessing your case, we can guide you on your next steps to securing total and fair compensation for your suffering.