The failure of a health care provider to meet the standard of care and degree of skill that the other health care providers would use under similar circumstances. In addition to the breach of acceptable standard of care, the provider’s errors or omissions must be the proximate cause of compensable damages.

A claim of medical malpractice is a claim of negligence, meaning that the health care provider was careless. A valid claim for medical malpractice (negligence) exist if all of the following elements are present:

• The health care provider has a duty to the patient.
• A breach if this duty occurs.
• The patient sustains injury or damage.
• A casual connection exists between the breach of duty and the patient’s injury or damage.