Medical Malpractice Defined Medical malpractice under the law is more than a mere error in treatment or diagnosis. To be judged to be malpractice there must be serious harm caused to the patient as a direct result of the error. Furthermore, the error must be one caused by the negligence of the health care provider.
Doctors frequently disagree on what the standard of care is in a particular case.
This means that a jury unbiased by previous medical training is frequently the only means of determining whether malpractice occurred. If Doctors told the whole truth, and nothing but the truth.