Medical malpractice is considered to be a doctor or medical facility's failure to exercise the degree of care and skill that are called for under the situation presented. Generally, in order to claim malpractice, a person must show that the health care provider breached the duty of providing necessary care and that they suffered an injury due to that breach. Standard of care and the question of breaching duty are the two main areas that have to be proven. Standard of care is defined as being the degree of care that a reasonable person should exercise. The question of breach of duty is not so easily answered. It typically requires both medical and legal knowledge to define and is ultimately defined by a jury if litigation reaches the courtroom. These two questions are the main ones that an attorney must feel he can successfully answer with the help of expert testimony in order to win a medical malpractice case. Medical malpractice cases are costly and complex to win and the attorneys try to make sure the case is strong before taking it to court. The insurance companies who are defending the case are aggressive in their denial and so the plaintiff's case should be airtight. Medical malpractice cases are costing the health care industry millions of dollars annually and driving the cost of healthcare through the roof.