In a malpractice case, a plaintiff must prove that certain elements exist to establish the case against the accused party, in this case, the medic. The element that does not need to be proven is the existence of a duty to act as a standalone principle in every situation.
To clarify, while the EMT or medic generally has a duty to act when they are on duty and in a position to provide care, this duty may not need to be explicitly established in every case, especially if the circumstances of the case imply a responsibility, such as being the only medical provider present at the scene. In contrast, proving the other elements—such as that the medic failed to act, that harm occurred to the patient, and that the medic's actions directly resulted in that harm—are essential components of establishing malpractice. Each of these elements helps to concretely demonstrate the medic's liability, aligning with the legal standards required in malpractice claims.