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 Pennsylvania, medical malpractice claims are governed by both state statutes and case law. To establish a medical malpractice claim in PA, the following elements must be proven: (1) the existence of a physician 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 improper treatment, failure to treat, or a departure from safety and professional norms; (3) a breach of the duty of care by the health care provider; and (4) a causal connection between the breach and the patient's injury, meaning the breach was the primary cause of the injury. Pennsylvania law requires that the standard of care be established by expert testimony, typically from a professional within the same field as the defendant. Additionally, Pennsylvania has a statute of limitations for filing medical malpractice claims, which is generally two years from the date the injury is discovered, but with certain exceptions that can extend this period.