Medical Malpractice

The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient.
Although the term is most often associated with physicians, medical malpractice includes the acts and omissions of any medical care provider, including dentists, nurses, and therapists. Claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.

The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed.

Although the term is most often associated with physicians, medical malpractice includes the acts and omissions of any medical care provider, including dentists, nurses, and therapists. Relying on vicarious liability, claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.

The plaintiff must prove three things:

1. That the provider breached his/her duty of care towards the patient, i.e. failed to do something that a reasonably prudent provider in the same field would have done under   the same or similar circumstances, or did something that no reasonably prudent    provider in the same field would have done under the same or similar circumstances.

2. That this breach caused loss or damage.

3. That it is fair and reasonable to hold the defendant liable to pay damages for the harm
    caused by the malpractice.