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Medical Malpractice
Medical malpractice is when a healthcare provider fails to give proper treatment, causing harm to a patient.
What it actually is
It is a legal claim that a doctor, nurse, or hospital breached their duty of care by acting below the accepted medical standard, and that breach directly caused the patient’s injury. In a court case, the plaintiff must prove each of these elements: duty, breach, causation, and damages.
Why it matters in your case
If you are bringing or defending a malpractice case, you must show that the provider’s error was not just a bad outcome but a failure to meet professional standards. The case often requires expert testimony to explain what a competent provider would have done differently.
The common misunderstanding
Many people think any bad medical result is malpractice, but the law requires proof that the provider’s actions fell below the standard of care, not just that the patient suffered harm.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.