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 Florida, medical malpractice claims are governed by Florida Statutes sections 766.101-766.316. These laws establish the criteria for what constitutes a medical malpractice claim in the state. The elements of a medical malpractice claim in Florida include: (1) the existence of a patient-provider relationship, establishing that the defendant owed a duty of care to the plaintiff; (2) the health care provider's breach of the prevailing professional standard of care, which refers to the level of skill, care, and treatment recognized as acceptable and appropriate by reasonably prudent similar health care providers; (3) a causal connection between the breach of care and the plaintiff's injury; and (4) the plaintiff suffered damages as a result of the breach. Florida law requires that before filing a lawsuit, the plaintiff must conduct a pre-suit investigation and provide a notice of intent to initiate litigation to the defendant. The defendant then has a chance to respond, which can include a settlement offer or a rejection of the claim. Additionally, Florida imposes a statute of limitations for medical malpractice claims, which is generally two years from the date of the incident or from the date the incident was or should have been discovered, but not more than four years from the date of the incident, with certain exceptions for cases involving fraud, concealment, or intentional misrepresentation by the defendant.