Which of the following is a required element to prove malpractice?

• A. Informed consent
• B. Causation
• C. Duty
• D. Public policy

Answer: (C)

In medical malpractice analysis, the essential starting point is establishing that a duty existed. A duty is the legal obligation that comes from the professional-patient relationship to act with reasonable care and to meet the standard of care under the circumstances. Without that duty, there can be no negligence, no breach, and no claim, regardless of what happened afterward.

Once duty is established, the claim proceeds to whether the standard of care was breached, whether that breach caused the harm (causation), and whether there are damages. Informed consent relates to patient autonomy and disclosure and can be relevant in separate contexts, but it is not the foundational element required to prove malpractice. Public policy isn’t an element used to prove a malpractice claim. Causation is an essential element as well, but the starting point you must show is that a duty existed.