What is medical malpractice?

Whilst the term “medical malpractice” or “medical negligence” may bring up many common perceptions, exploring the actual definition of what a medical malpractice case involves can reveal various factors which make the issue of medical malpractice much more complex.

The idea that any patient who experiences any adverse effects of medical treatment could successfully bring a claim for medical malpractice is somewhat misguided and in reality, medical malpractice claims explore much more complex issues, such as the standard of care provided and the performance of the medical professional in question.

When a malpractice claim is brought against a medical professional, the emphasis of the claim is placed not on the result of any care provided, but on the standard of care. Ultimately, a medical malpractice claimant would have to demonstrate that the standard of care provided was below that expected of a trained professional.

In the majority of jurisdictions, an “acceptable standard of care” would be considered to be one which complied with the codes and principles recognised by a responsible medical association, such as the BMA or General Medical Council. If a medical practitioner is found to have been compliant with such standards, then there is no medical malpractice.

However, it is not enough for a patient to merely demonstrate that they received substandard care, or that the results of the treatment were poor. They must be able to prove that it was the poor performance of a medical professional that caused the unsatisfactory result.

This process is known as causation and is usually based on the evidence of an expert witness. It is this stage, proving a direct link between the actions of a medical professional and the harm a patient experiences, which often proves to be the most difficult aspect of a medical malpractice claim.