Medical Malpractice is a part of personal injury law that deals with injuries suffered because a doctor, hospital or other health care provider was careless or negligent in treatment. Malpractice describes a situation where a doctor, hospital or other health care provider did not provide treatment consistent with customary and acceptable practices.

Generally, a court will look at four elements to determine whether there is a case of medical malpractice.

• The physician or health care provider was responsible for providing treatment;
  
• The physician or health care provider did not provide the treatment required;
  
• A person was injured; and
  
• The injury was caused by the failure of the physician or health care provider to provide the treatment required.

Most medical malpractice cases arise from one of the following complaints:

• The doctor or health care provider did not follow the standard procedure that everyone is supposed to follow for that type of situation; or
  
• The doctor or health care provider did not diagnose or tell a patient that cancer or some other terminal illness was present; or
  
• The doctor or health care provider did not test for or diagnose birth injuries such as cerebral palsy or spina bifida.