“Medical malpractice” is defined by individual state laws in the United States – there is no universal or federal law regarding medical malpractice.
One simple definition of “medical malpractice is “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Source
The American Bar Association defines medical malpractice as “negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” Source
The Federation of State Medical Boards states: “the standard of care is generally held to be the minimally competent
care that physicians must provide to meet the quality of care that is required by law. Standards of care help promote consistency between members of the same medical community and are usually determined by answering a simple question: “What would a similarly qualified and reasonable medical professional do under the same circumstances?” When standards of care are established, states strictly hold physicians to them and may initiate disciplinary action against licensees for failing to adhere to the determined standards of care.” Source
The Connecticut General Assembly Office of Legislative Research states: “The universal rule is that a physician has the duty to use reasonable care and skill in diagnosis and treatment and are liable to their patients for failure to exercise requisite skill and care (61 Am Jur 2d, “Physicians Surgeons and Other Healers,” § 205). The standard by which the requirement of reasonable skill and care is determined is the average standard of the profession. Basically, it is that degree of care, skill, and proficiency exercise by reasonably careful, skillful, and prudent practitioners in the same class acting under the same or similar circumstances (Weaver v. Robinson, Ind. App. 1 Dist.; 627 N.E.2D 442). A practitioner is required to exercise the average degree of skill, care, and diligence exercised by members of the same medical speciality community in similar situations. In effect, the practitioner, by taking a case, represents that he possesses the ordinary training and skill possessed by those practicing in the same or similar communities, and that he will employ such training, care, and skill in the treatment of patients. The standard expected “is not what is actually the average merit among all known practitioners from best to worst and from the most to least experienced, but the reasonable average merit among ordinarily good physicians” (61 AmJur2d § 205).”
In Maryland, “the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.”
In Virginia, “Malpractice” means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.
So what does “medical malpractice” mean in simple terms? It means that a health care provider did not abide by the standard of care, which is the minimum level of care required under the circumstances and in the local community, which caused harm to a patient. Medical malpractice is often described by use of the phrase “breach of the standard of care” that caused the patient to suffer some harm – note that by definition, without harm, a claim for medical malpractice will not be successful.
If you or a loved one may have been harmed as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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