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 Indiana, medical malpractice claims are governed by the Indiana Medical Malpractice Act. Under this Act, a health care provider, which can include physicians, hospitals, and other medical professionals, can be held liable for medical negligence if they fail to meet the standard of care expected of them. The elements of a medical malpractice claim in Indiana include establishing that the health care provider owed a duty of care to the patient, breached that duty by failing to adhere to the accepted standards of medical practice, and that this breach was the proximate cause of the patient's injury. Indiana also requires that before a lawsuit is filed, the claim must be reviewed by a medical review panel, which issues an opinion on whether the provider met the standard of care. Additionally, Indiana has a cap on damages for medical malpractice claims, and the amount varies depending on when the act of malpractice occurred.