Medical malpractice occurs when a medical professional or hospital adversely affects the health of a patient through inappropriate medical care or the lack of proper care or neglect.

In order for the medical malpractice to become a case of legal negligence, the healthcare provider must have:

• Failed to do something (or did something) to a patient that a prudent health care professional in the same field would have reasonably been expected to do (or not do) in the same circumstance.  And,
• Caused harm to the patient as a result of the inappropriate action or inaction and the harm should have been reasonably expected.

Because of the complexity of medical care, courts realize that judges and juries are untrained in medical procedure and require guidance from experts in the medical field.  Therefore, the testimony of expert witnesses are required to present their opinions of the facts of the case.  Both the plaintiff and the defense may produce their own experts who might offer conflicting opinions.  The judge or jury can then make a reasonable determination as to which opinions to accept and which to reject at arriving at their decision in the medical malpractice trial.