There are four elements that must be proven in a medical malpractice case: the existence of a duty of care between provider and patient; a breach of the duty; injury caused by the breach, and damages that stem from that injury.

Not every bad medical outcome is the result of medical malpractice. It's important to talk to an experienced medical malpractice attorney who can ask the right questions and investigate to find out whether the elements of a claim have been met.