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.