Medical malpractice occurs whenever a medical provider is negligent in the care of his or her patient. Accordingly, a claim for medical malpractice must be grounded in negligence (as defined above in the paragraph dealing with “Personal Injury”). A claim for medical malpractice, if it is to be filed, will often require that another member of the profession in the same or similar area of medical expertise attest that the negligent medical provider(s) deviated from the proper standard of medical care to be exercised under the circumstances.
For example: A doctor (surgeon, nurse, hospital staff, etc.) has a duty to properly diagnose and/or treat a condition; the doctor fails to properly diagnose and/or treat that condition; the doctor’s failure to do so results in the injury that the patient ultimately sustains; and another physician (similarly situated), must be willing to attest to the fact that the offending doctor failed to properly diagnose and/or treat the patient’s condition in conformance with the proper standard of medical care that is typically exercised under the same or similar types of circumstances.
* In many cases involving medical malpractice, the victim(s) of the malpractice may also elect to pursue a cause of action against the medical institution at which the malpractice occurred.