Medical malpractice law forms the basis for judgments regarding the professional practices of a doctor or medical practitioner in the event there are accusations of negligence or improper administration of care for medical conditions. Legitimate medical malpractice may occur due to a violation of the applicable standard of care or failure to administer appropriate care, but in either case, the patient must incur harm, injury of death as a result.

Medical malpractice may be due to the unreasonable delay in treatment of a diagnosed medical condition; failure to provide appropriate treatment for a specific medical condition; or failure to properly diagnose or the misdiagnosis of a medical condition. The laws that govern medical malpractice often differ from state to state. This means that the stipulations regarding lawsuits will also differ depending on individual state laws. However, the broad definition of medical malpractice is universal meaning that damages can only be recovered if the patient incurs injury or death. If the doctor makes a mistake but the patient sustains no harm, there are no grounds for a lawsuit and no damages can be recovered.

Informed consent is another segment of medical malpractice. When a patient is to undergo a medical procedure, they must give informed consent prior to the administration of the procedure. This means that the patient has been informed of all of the dangers as well as benefits of the procedure and has given their consent to take the risks associated with the procedure. In the event that the doctor does not properly secure informed consent, the doctor leaves himself or herself wide open for a medical malpractice claim to be filed against them even if the patient does not incur any harm as a result of the procedure.

The rapidly evolving environment of healthcare compounds certain problems, making malpractice law even more vital. Medicine has evolved into more of a business of profit and this increases the pressure placed upon physicians to see more patients and make faster diagnoses all while being as efficient as possible. Physicians are only human and this hurried environment leaves doctors very susceptible to making errors.

This evolving environment of the medical industry has presented issues with the relationship between patients and their doctors. They spend less and less time together which can potentially compromise the communication that is imperative to an accurate diagnosis. This includes the time required to obtain a thorough patient history and is detailed enough to effectively diagnose the problem. In the rush to get one patient out so the doctor can move on to the next, the chances for misdiagnosis or failure to identify key symptoms increase. Medical malpractice law takes on an even greater role because it not only improves patient care, but also protects doctors who from erroneous or frivolous lawsuits.

Some doctors are striking back against patients who have filed unfounded or frivolous lawsuits against them by countersuing. Many Medical malpractice lawsuits are settled out of court because insurance companies urge plaintiffs and defendants to go that route due to decreased expenses. This activity, however, makes it difficult to track lawsuits that are files because they are not recorded in a court of law which is public domain. It is estimated, however, that approximately 25% to as many as 50% of lawsuits filed but are later deemed frivolous are still paid. Removing the legal element of a judge undermines the checks and balances system.

Doctors need to carry medical malpractice insurance to protect themselves from being sued, whether a given suit is found to be of merit or not. Even the most careful of doctors can be sued for medical malpractice. If you have been sued, you need to notify your insurance company immediately, as they have resources to help you fight your suit if it is, indeed, unfounded.

There is some controversy surrounding medical malpractice. Some allege that it is ineffective because patients who have been injured by malpractice as well as physicians who are innocent of the claims can be victimized. It is widely regarded by experts that a new system that is more efficient and fair should be put in place as opposed to the current scenario of attorneys on both sides battling it out and all profiting regardless of the outcome. Both the patient's and the doctor's rights need to be taking into consideration and it should be a priority. The current system simply does not work. With one attorney vying against another with the simple goal to "win," the focus is shifted from what is fair and this is often cited as the problem with the medical malpractice system. Perhaps it is time for a change.