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 West Virginia, medical malpractice claims are governed by state statutes that outline the necessary elements for a valid claim. These elements include establishing that the defendant is a physician or health care provider, and that the claim involves treatment, lack of treatment, or a deviation from accepted medical care standards. The plaintiff must prove that the health care provider owed them a duty of care and that this duty was breached by not meeting the required standard of care. Additionally, it must be shown that the breach of duty was the proximate cause of the plaintiff's injury. West Virginia law also imposes certain procedural requirements, such as filing a notice of claim and a certificate of merit from a qualified expert, before a medical malpractice lawsuit can proceed. These requirements are designed to ensure that only meritorious claims are brought forward.