Medical Malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, dental office or staff, pathologist, neurologist, oncologist, cardiologist, toxicologist, pharmacologist, technician, nursing home or staff, hospital or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Most medical malpractice cases are based on the concept of negligence—that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. The prescribed standard of medical care may vary from state to state. Because health care providers cannot guarantee the results of medical treatment, a patient’s malpractice claim is not valid just because his or her treatment was not successful. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury or illness because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved or appropriate for the patient’s condition.