Medical malpractice

Part of a series on
Medical law
Principles
Medical ethics Professional ethics Fitness to practise Qualification Expertise Public health Informed consent Negligence Patient's rights
Medical treatment
Involuntary treatment Mental health tribunal Drug court
Regulation
Medical license (regulating Medical Profession)
Administrative law
Public health law Mental health law
Criminal law
Manslaughter
Tort
Medical malpractice Health court
Applications of medicine to law
Expert witness Forensic medicine
Studied by
Medical sociology Law
Category
v t e

Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.^[1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.

An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills.^[2]