The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.

Although the term is most often associated with physicians, medical malpractice includes the acts and omissions of any medical care provider, including dentists, nurses, and therapists. Relying on vicarious liability, claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.

The plaintiff must prove three things: 1)That the provider breached his/her duty of care towards the patient, i.e. failed to do something that a reasonably prudent provider in the same field would have done under the same or similar circumstances, or did something that no reasonably prudent provider in the same field would have done under the same or similar circumstances. 2)That this breach caused loss or damage. 3)That it is fair and reasonable to hold the defendant liable to pay damages for the harm caused by the malpractice.

Since most medical providers have malpractice insurance, a case in the U.S. usually begins as an insurance claim, made by the attorney for the patient. If liability is admitted and damages can be agreed, the case will be settled early to reduce the amount of costs payable.

Otherwise, the plaintiff will file suit in the appropriate court. Between the filing of suit and the trial, the attorneys for the parties will engage in discovery, which includes interrogatories, requests for documents, and depositions.