Advances in Medical Ethics
Open Access

Medical Malpractice

Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from standards in their profession, thereby causing injury to a patient. In common law jurisdictions, medical malpractice liability is normally based on the laws of negligence.

 

Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. If a practitioner holds himself out as a specialist a higher degree of skill is required. Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.