ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

What is medical malpractice?

Medical malpractice is negligence committed by a professional health-care provider--a doctor, a nurse, a dentist, a technician, or a hospital or nursing facility--whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient. Most medical malpractice actions are filed against doctors and hospitals.

The profession itself sets the standard for malpractice by its own custom and practice.