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 Massachusetts, medical malpractice claims are governed by both state statutes and case law. To establish a medical malpractice claim in MA, the plaintiff must demonstrate that the health care provider, such as a physician, owed a duty of care to the patient, breached this 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. Massachusetts law requires that before a lawsuit can be filed, a tribunal consisting of a judge, a physician, and an attorney must determine if the plaintiff's case presents a legitimate question of liability appropriate for judicial inquiry. If the tribunal finds in favor of the plaintiff, the case can proceed, but if it finds for the defendant, the plaintiff must post a bond to cover the defendant's expected legal expenses to continue with the case. Additionally, Massachusetts has a statute of limitations for filing medical malpractice claims, which is generally three years from the date of the alleged malpractice or from when the plaintiff discovered or should have discovered the harm.