Medical malpractice occurs when a negligent act or error by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a case could be brought against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as the result of negligence. Malpractice suits are very complex and costly to win. To pursue a medical malpractice suit you must be able to prove the following:

(1)  that the doctor, nurse, hospital or other health care provider undertook the care and treatment of the patient, and therefore had a duty to use reasonable care to avoid causing injury to him;

(2)  that the health care provider was negligent in fulfilling that duty; and

(3)  that the negligence of the health care provider was the "legal cause" of the injury suffered by the patient, including the worsening of his condition and/or death. Negligence is the "legal cause" of an injury if it directly and substantially contributed to producing the injury.