Essentially, medical malpractice is negligence on the part of a doctor (or other health care provider). When a doctor (or other health care provider) departs from accepted medical practice, and injury or death of a patient occurs as a result of that deviation from the standard of care, the doctor (or other health care provider) can be liable for their actions.

Under such circumstances, the patient is entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse (or if a minor is injured, the parents) can recover for loss of services. In a death case, the next of kin can recover for their loss.