What is Considered Medical Malpractice in the U.S.?


Medical malpractice remains one of the most discussed and litigated areas of personal injury law in the United States. The consequences can be dire for patients, affecting their health, finances, and quality of life. For healthcare providers, allegations of malpractice can tarnish reputations and result in significant financial implications. But what exactly is considered medical malpractice? This article explores the criteria, examples, and complexities surrounding this essential area of law.

Defining Medical Malpractice

Medical malpractice occurs when a healthcare professional breaches the standard of care, leading to patient injury or death. The standard of care refers to the level and type of care a reasonably competent and skilled healthcare professional with a similar background and in the same medical community would have provided under the circumstances.

Essential Components of a Medical Malpractice Claim

  1. Duty: The healthcare provider must have a duty to the patient, usually established by a doctor-patient relationship.
  2. Breach of Duty: The healthcare provider failed to conform to the appropriate standard of care.
  3. Causation: The breach of duty directly injured or harmed the patient.
  4. Damages: The patient suffered actual harm or damages, whether physical, emotional, or financial.


Common Examples of Medical Malpractice

  1. Misdiagnosis or Delayed Diagnosis: Failing to diagnose, or wrongly diagnosing, a condition that results in patient harm or progression of the ailment.
  2. Surgical Errors: Leaving instruments inside the patient, operating on the wrong body part, or causing injuries during surgery.
  3. Medication Errors: Prescribing or administering the wrong drug, dosage, or combination of medications.
  4. Childbirth Injuries: Negligence during childbirth that leads to injuries to the child or mother, such as fractures or brain injuries.
  5. Failure to Obtain Informed Consent: Not informing the patient about a procedure or treatment’s risks, benefits, and alternatives.
  6. Anaesthesia Errors: Providing too much or too little anesthetic or failing to recognize potential complications.

Complexities in Determining Medical Malpractice

  1. Bad Outcomes vs. Malpractice: Not every negative medical outcome results from malpractice. Medicine is an inherently risky field, and complications can arise without negligence.
  2. Multiple Caregivers: In cases where several professionals provide care, pinpointing responsibility can be challenging.
  3. Variability in Medicine: Two equally competent doctors might approach a diagnosis or treatment differently. A different approach doesn’t necessarily equate to negligence.
  4. Local vs. National Standard: While traditionally, the standard of care was based on local practices, there’s a growing debate about whether a national average, considering widespread access to medical knowledge, should apply.

The Role of Expert Witnesses

In medical malpractice cases, expert witnesses play a pivotal role. They provide insight into whether the healthcare provider deviated from the standard of care. These experts, typically experienced medical professionals from the same specialty as the defendant, offer their opinions on the care provided and its implications.


Medical malpractice is a nuanced and multifaceted area of law. While healthcare professionals strive to provide the best care, mistakes can happen. The crux of medical malpractice claims is distinguishing between unavoidable complications and actual negligence.

Understanding the contours of medical malpractice is vital for patients and healthcare providers. If you believe you’ve been a victim or are professionally facing allegations, consulting with an attorney experienced in medical malpractice can provide clarity and guidance in navigating the complex legal landscape.