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 Missouri, medical malpractice claims are governed by state statutes and case law. To establish a medical malpractice claim in Missouri, the plaintiff must demonstrate that a physician or health care provider, who is the defendant, failed to provide the standard of care that a reasonably prudent health care provider would have under similar circumstances. The claim must be related to treatment, lack of treatment, or a departure from accepted standards of medical care, health care, or safety. The plaintiff must also show that the health care provider owed them a duty of care, which is inherent in the provider-patient relationship. The provider must have breached this duty by not meeting the required standard of care. Finally, there must be a direct causal link between the breach of duty and the injury sustained by the plaintiff, meaning the provider's act or omission must be the primary cause of the injury. Missouri law requires that medical malpractice claims be filed within a certain time frame, known as the statute of limitations, and plaintiffs may need to meet specific pre-suit requirements, such as filing an affidavit of merit from a qualified health care provider.