Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Delaware, medical malpractice claims are governed by state statutes that outline the necessary elements for a valid claim. To establish a medical malpractice claim in Delaware, the following elements must be proven: (1) the defendant must be a physician or health care provider; (2) the claim must involve treatment, lack of treatment, or a deviation from the accepted standards of medical care, health care, or safety, or professional or administrative services that are directly related to health care; (3) the health care provider owed a duty of care to the plaintiff; (4) the provider breached this duty by failing to meet the required standard of care; and (5) the breach of duty was the proximate cause of the plaintiff's injury. Delaware law requires that medical malpractice claims be supported by an affidavit of merit from a qualified expert when the lawsuit is filed, attesting to the merit of the claim. Additionally, Delaware has a statute of limitations for filing medical malpractice claims, which is generally two years from the date of the alleged negligent act or omission, but with certain exceptions that can extend this period.