In order to prove medical malpractice, an injured person must prove all of the following EXCEPT:

• A. The injury resulted in physical harm
• B. The provider's failure to meet the standard of care was the primary cause of the injury
• C. The health provider had a duty of reasonable care
• D. The health provider did not meet the minimum standard of care or failed to obtain informed consent

Answer: (D)

Medical malpractice claims rest on four elements: the provider owed a duty to meet a reasonable standard of care, the provider breached that duty by not meeting the standard, the breach caused the injury (causation), and there were resulting damages. The need to show that the injury occurred and caused harm fits under damages. The duty to exercise reasonable care is essential because without a recognized duty, there’s no basis for a claim. The breach of the standard of care is what links the provider’s conduct to the injury through causation.

However, obtaining informed consent is not a universal requirement to prove malpractice. A patient can prove negligence based on a breach of the standard of care even when informed consent was properly obtained. Lack of informed consent can be a separate legal issue in some contexts, but it is not a prerequisite element for proving standard medical negligence in most cases. Therefore, the statement about failing to obtain informed consent is the part that is not required to prove malpractice.