Medical malpractice is the legal cause of action for improper care that rises to the level of negligence. Failure to treat is one form of medical malpractice, but others include misdiagnosis, prescription drug errors, surgical or procedural errors, and childbirth injuries.
Medical malpractice can also include general medical negligence. All hospital employees, including nursing staff and administrative workers, are expected to conform their conduct to the leading medical standards. For example, it is standard practice to place a patient in the ICU under certain conditions. If a person meets the criteria, but hospital staff fails to provide them with intensive care, the parties responsible for making the call can be held liable.
As with failure to treat, all successful medical malpractice claims require proof of duty, breach, causation, and damages.