What is Medical Malpractice?

Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. In other words, if a medical professional is negligent in his or her role and it causes injury, it may be compensable in a medical malpractice claim. This may occur in the context of treatment, diagnosis or the actual execution of treatment. Physicians, nurses and medical technicians all have a duty of care as defined by professionals who practice in the same specialty or type of medical care as physicians, nurses or technicians practice in.

Usually, the standard of care is determined by expert testimony from a medical professional who is of comparable certification, training and experience as the professional being sued.