Medical malpractice is one of the most commonly recognized forms of malpractice. It is a suit issued by the client or patient against the medical practitioner for causing injury, damage or loss by providing improper or negligent treatment. This happens when the skilled professional in the filed of medicine fails in his or her duty of ensuring a standard of care expected by the patient. As a result, the doctors, nurses and hospital technicians are closely scrutinized by the client or patient taking their services.

A medical professional is given license to practice in a state based on his or her education, experience and competence to act as a skilled professional in the field of medicine. He or she as a professional may be well known for his or her competence, but can never guarantee completely the services rendered. This is because there is always an element of doubt, risk and chance errors inherent in the health care profession. Hence when a patient does not respond to the medical treatment he or she is undergoing, the situation need not necessarily be termed as medical malpractice.

A lawsuit is issued for malpractice only when it is found that the damage or injury to the patient resulted from the negligence caused by the medical professional (including the doctor) in diagnosis, surgery or treatments.

Before rendering any treatment, the medical professionals procure an individual agreement or informed consent from the patient or client. This document informs the patient about the proposed medical treatments, surgery or other alternative treatment procedures and the possible side effects and potential risks involved. It also gives the doctors or medical professionals full access to the patient's personal details and facts which are necessary for treatment. But if the patient or his or her members perceive that the doctor or the medical professionals failed in their duty to ensure the standard of care that other medical professionals would have given in a similar circumstance, they can seek legal help. Medical malpractice in legal terms is negligence on the part of the medical professional, and so the attorney of the client, with the expert opinion, takes necessary action for recovery of damages.