Medical Malpractice Claim Law and Legal Definition

The term medical malpractice action or claim means a written claim or demand for payment that is filed for the failure on the part of a health care provider to furnish health care services. It can also include claims brought against the services furnished by health care providers. Medical malpractice claim includes the filing of a cause of action in any court of any state or the U.S., seeking monetary damages. Suits are brought based on the law of tort. [42 USCS § 11151 (7)].

A plaintiff instituting a medical malpractice action must establish the following four elements of the tort of negligence :

(1)that there is a legal duty on the part of a hospital or health care provider who had undertaken the care or treatment of a patient;

(2) that there was a breach of duty because the provider failed to conform to the relevant standard of care;

(3)that such breach was the proximate cause of the injury; and

(4)that there was damages.