The term "medical malpractice" means that a physician or health care provider--a doctor, nurse, technician, hospital, or hospital worker-- has failed to do something that should have been done or has done something that should not have been done, resulting in injury or death. 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. These “standards of care” are defined as what a reasonably competent physician, surgeon, or health care practitioner is required to do under the circumstances involving the diagnosis or treatment of a patient.
Health care providers cannot guarantee the results of medical treatment. Because a poor outcome is not always the result of malpractice, it is sometimes not appropriate to file a lawsuit. Medical malpractice, when it does occur, can have various results.
