When it comes to medical malpractice law, medical negligence is usually the legal concept upon which the case hinges, from a “legal fault” perspective. A person who alleges negligent medical malpractice must prove four elements:
(1) a duty of care was owed by the physician;
(2) the physician violated the applicable standard of care;
(3) the person suffered a compensable injury; and
(4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the plaintiff in a malpractice lawsuit.