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Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery.
The medical malpractice claim
The party
The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or in the case of a wrongful-death suit the executor or administrator of a deceased patients estate.
The defendant is the health care provider. Although a health care provider usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush, 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.
Elements of the case
A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.
# A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
# A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing spe read more at » http://en.wikipedia.org/wiki/Medical+malpractice
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