Home > West's Encyclopedia of American Law > Medical Malpractice

Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other HEALTH CARE professional.

NEGLIGENCE is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of TORT LAW. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession.

A person who alleges negligent medical malpractice must prove four elements: (1) a duty of care was owed by the physician; (2) the physician...