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 Minnesota, medical malpractice claims are governed by state statutes and case law. To establish a medical malpractice claim in Minnesota, the following elements must be proven: (1) the existence of a physician-patient or health care provider-patient relationship, establishing a duty of care; (2) the health care provider's deviation from the accepted standard of medical care or health care, which can include acts of commission or omission in treatment, or a failure to adhere to safety protocols; (3) a breach of the duty of care by the health care provider; and (4) a causal connection between the breach of duty and the injury sustained by the plaintiff, meaning the breach was the primary cause of the injury. Minnesota law requires that medical malpractice claims be supported by an affidavit of expert review early in the litigation process, which must be provided by a qualified expert attesting to the merit of the case. Additionally, Minnesota has a statute of limitations for medical malpractice claims, generally requiring that the lawsuit be filed within four years of the date the cause of action accrued.