A medical malpractice lawsuit is a civil claim that allows a person injured by negligent medical care to hold the person or persons who caused the injury accountable for their wrongdoing. In order to build a case, the victim must establish these four elements: Duty. First, the victim must show that the doctor, physician or other medical professional owed a duty to the victim. This can be established in many ways, including showing that the victim was a patient of the doctor. Breach. Next, the victim must show that the doctor failed to fulfill this duty. This often requires expert testimony from another physician or medical professional within the field. Damage. The victim must show that there is an injury. This can be done with medical records showing the injury. Causation. Finally, the victim needs to show that the physician’s failure to meet the required standard of care caused the injury.