Defense motions for "summary judgment" in medical malpractice cases
It is well known in medical malpractice law that to establish a legal claim for medical negligence, a plaintiff must establish that (1) there was a duty on the part of the defendant medical provider; (2) the defendant failed to conform to the applicable standard of care in providing care and treatment to the plaintiff; and (3) an injury to the plaintiff resulting from the failure to comply with the applicable standard of care. A healthcare provider can dispute whether the plaintiff has established all "elements" of proof by filing a motion for summary judgment. If a judge grants "summary judgment" in favor of the defendant health care provider, the case is over unless the plaintiff appeals. In most medical malpractice cases, expert testimony is required to establish the elements of proof mentioned above.