Medical malpractice is the failure of a medical professional to meet the standard of good medical practice in the area in which the medical professional practices. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. If the medical professional fails to meet the standard of good medical practice and harm results to a patient, the medical professional may be liable for any resulting damages. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty.

The duty of a medical professional usually is not the duty to cure or to guarantee a good outcome from treatment. The duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. A medical professional may, however, have a different duty of care if a specific guarantee of a particular result is given to the patient.

The Doctor- Patient Relationship
The duty of a doctor or other medical professional to provide care to a patient is usually established by voluntary agreement between the doctor and the patient. By this agreement, the doctor and patient form a doctor-patient relationship. Once a doctor-patient relationship is established, the doctor has a duty of care to the patient. However, even if there is no actual agreement between the doctor and the patient, the law assumes that there is an agreement under certain circumstances. For example, if family members seek treatment for an unconscious patient, the law assumes that there is an agreement between the doctor and the patient, even if the patient is unable to make any agreement.

Because the doctor-patient relationship is usually formed by an agreement between doctor and patient, doctors usually do not have an obligation to provide treatment. Therefore, if a doctor sees an accident on the way home from the hospital, the doctor does not usually have an obligation to stop and give assistance. Under certain circumstances, however, a doctor may have an obligation to provide treatment even if there is no actual voluntary agreement. For example, hospitals accepting certain kinds of federal funds may be required to provide care to indigent patients under some circumstances. Doctors who work in emergency rooms may be required to provide care to anyone coming into the emergency room with a life-threatening condition.

Doctor- Patient Confidentiality
Doctors and other medical professionals have a duty to keep patient information private and refrain from disclosing it to third parties without your consent. A doctor or medical professional who breaches this duty by disclosing confidential information, including your medical records, may be liable to you for damages for any embarrassment or other injury you suffer from the disclosure.

There are many exceptions to the rule that medical information and records must be kept confidential.

Health insurance companies usually require patients to waive the right to confidentiality when making a claim for medical coverage.
If a patient sues a medical professional for malpractice, the patient's medical records and information may become evidence in the lawsuit.
Many states have statutes and other rules requiring medical professionals to report certain kinds of patient information to authorities, from reporting the incidence of certain communicable diseases, to incidents of child abuse and gunshot wounds.

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