Medical Malpractice Definition

Do you know what the medical malpractice definition is? Many doctors as well as patients don’t know the true definition of the term. When you know the medical malpractice definition it can help you defend yourself if you are a doctor and it can help you protect yourself if you are a patient. Many people, both doctors and patients, believe the medical malpractice definition is straight forward, but this is not necessarily the case.

Understanding the Medical Malpractice Definition

The definition of medical malpractice is an act or omission by a health care provider that deviates from what is the accepted standards of practice in the medical community. This act or omission then causes injury to the patient. Medical malpractice is basically professional negligence by a health care professional that leads to an injury or complications on the part of the patient.

In a medical malpractice suit there is the plaintiff and the defendant. The plaintiff is the patient or the family of the patient while the defendant is the health care provider. For a case to meet the medical malpractice definition the plaintiff must be able to prove their case. Some of the things that the plaintiff will need to prove include:

A duty was owed by the hospital or health care provider.
The duty was not acted upon. In short, the provider failed to provide the standard of care.
The breach of duty caused an injury to the patient
Losses. The plaintiff must be able to prove that there were damages, otherwise a medical malpractice suit is not applicable even if the provider was negligent.

When you understand the medical malpractice definition you will find that not every case of health care negligence is actually medical malpractice. Without being able to prove these things, a plaintiff has very little chance of winning a favorable medical malpractice verdict. In fact, most lawyers are very hesitant to take medical malpractice cases if they cannot be proven in the most straight forward way with the help of medical experts.

The medical malpractice may vary slightly from jurisdiction to jurisdiction within any state or country. You should be sure to look at the definition where you live to be sure that you understand the definition of medical malpractice in your jurisdiction. Both doctors and patients should understand the specifics before proceeding with the filing or defense of a medical malpractice suit.