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Medical malpractice is lay terminology for negligence that occurs in respect of a doctor's treatment of a patient. It also covers the public perception of adverse events during medical care.
Medical malpractice law is generally defined as those laws having to do with medical malpractice. These laws are different from country to country, and even within those countries.
In common with other forms of claims for negligence, in order to succeed in a claim (lawsuit) the claimant (plaintiff) must successfully demonstrate three things:
1. That the doctor failed in his/her duty of care towards the patient: they failed to do something that a reasonably prudent doctor in the same field would have done under the same or similar circumstances, or that the doctor did something that no reasonably prudent doctor in the same field would have done under the same or similar circumstances.
2. That some harm was caused by this failure to comply with the duty of care, and that the harm risked by such misconduct was reasonably foreseeable at the time.
3. The amount of damages that would reasonably compensate the plaintiff for the harm caused by the malpractice.
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