A medical malpractice claim requires proof of a provider-patient relationship, the applicable standard of care, a breach of that standard, causation, and damages. Each element except damages generally requires expert testimony.
The claim is distinguished from an ordinary negligence claim against a healthcare entity, which may not trigger the procedural requirements malpractice statutes impose.
Alternative Names:
Medical Negligence, Healthcare Malpractice
Why it Matters?
Malpractice claims are procedurally distinctive, and defense often begins with the statutory prerequisites rather than the merits: pre-suit notice, affidavits of merit, screening panels, and shortened limitations periods. Many claims are defeated on these grounds before discovery. Whether a claim sounds in malpractice or ordinary negligence is itself frequently litigated, because the characterization determines which requirements apply.
Frequently Confused with
Related terms
Frequently asked questions
What must a plaintiff prove in a malpractice case?
Why does malpractice versus ordinary negligence matter?
