In a medical malpractice suit there is a defendant and a plaintiff. The plaintiff in a medical malpractice case is the injured, or the victim of medical malpractice, or if it is case of a dead relative the plaintiff can be a relative of the deceased. The defendant in a medical malpractice case is the doctor accused or sometimes the entire institution. A successful case is when the plaintiff (the patient) shows proof that the doctor was in fact, supposed to be conduct a duty of medical involvement.ﾠ It can be proven by a sworn testimony or clear proof. The best testimony is an expert testimony, which standards are set higher than a regular testimony from a witness. Damages can be punitive or compensatory, economic or non-economic. Non-economic being physical harm, and economic being financial losses.