Medical malpractice is defined as professional negligence by a healthcare provider, either via an outright act or by ommission, in which medical care deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice can vary from one country to another. Generally, however, medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

In a medical malpractice claim, the plaintiff is or was the patient. In some situations, the plaintiff may be a legally-designated party acting on behalf of the patient. In the case of a wrongful-death suit, the plaintiff is the executor or administrator of a deceased patient’s estate.

The defendant in the case is the health care provider. Although a ‘health care provider’ usually refers to a physician, the term applies to any medical care provider, including dentists, nurses, and therapists.

Medical malpractice claims are generally complex cases, and can be difficult to prove. If you believe you have suffered from medical malpractice, it is important to protect your rights. Do not delay in contacting an attorney. Contact the lawyers at Mueller-Hillin for a free consultation today.