Medical Negligence Law & Legal Definition

Any negligence by an act or omission of a medical practitioner in performing his/her duty is known as medical negligence. Medical negligence happens when the medical practitioner fails to provide the care which is expected in each case thus resulting in injury or death of the patient.

It can be any tort or breach of contract of health care or professional services rendered by a health care provider to a patient. The standard of skill and care required of every health care provider in rendering professional services or health care to a patient shall be that degree of skill and care ordinarily employed in the same or similar field of medicine as defendant, and the use of reasonable care and diligence (18 Del. C. 6801(7)).

In medical negligence cases it is the duty of the patient or his/her relatives to establish that:

1. there was a duty which the medical practitioner owed to the patient;

2. there was a breach of duty;

3. the breach resulted in injury to the patient;

4. the injury resulted in causing damages.