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 Texas, the elements of a health care liability claim, commonly referred to as medical malpractice or medical negligence, are consistent with the general outline provided. A defendant in such a case is typically a physician or health care provider. The claim must be related to the medical treatment, lack thereof, or a deviation from the accepted standards of medical care, health care, or related safety or administrative services. The plaintiff must establish that the defendant owed them a duty of care, which is inherent in the patient-provider relationship. Furthermore, it must be shown that the defendant breached this duty by failing to meet the standard of care expected of a reasonably competent health care provider under similar circumstances. Lastly, there must be a causal link between the breach of duty and the plaintiff's injury, meaning the breach must be the proximate cause of the harm suffered. Texas law requires plaintiffs to file an expert report within 120 days of the defendant's answer, which outlines the standard of care, how it was breached, and the causal relationship between the breach and the injury. Failure to comply with this requirement can result in dismissal of the case. Additionally, Texas has enacted tort reform laws that may limit damages in medical malpractice cases.