The healthcare provider (defendant) had a duty to provide care to the patient (plaintiff). This duty typically exists when a patient and provider have a professional relationship, such as when a doctor is treating a patient.

The healthcare provider failed to meet the required “standard of care.” The standard of care refers to what a reasonably competent healthcare professional with similar training and experience would have done in a similar situation. Evidence is typically presented from expert witnesses in the relevant medical field to establish what the standard should have been.

There must be a direct link between the healthcare provider’s breach of the standard of care and the patient’s injury or harm. In other words, the negligence must be a substantial factor in causing the harm or injury. The plaintiff must prove that the injury would not have occurred if the provider had not been negligent and that the act or omission in question was a significant link to the injury.

The plaintiff must have suffered actual harm or damages as a result of the provider’s negligence. This typically must include physical harm, but also includes the impacts of that physical harm, such as pain and suffering, emotional distress, additional medical expenses, lost wages, or diminished quality of life. The damages must directly related to the malpractice.