Medical Malpractice takes place when the care you or a loved one is given by a doctor, dentist, nurse, therapist, hospital staff member or other care giver differs from normal standards and causes injury or death. Medical providers are supposed to give you service and support that meet the standards of their profession and, while most do a fine job and help you get better, some fail.

Malpractice can cover many situations. Among others, these can be hospital and surgical errors, dirty conditions, care that ignores your needs and failing to diagnose accurately. However, not every case that turns out badly is malpractice. Consider whether the patient's conditions is significantly worse after treatment, whether the symptoms after the procedure are usual, and if the doctor can explain the symptoms satisfactorily. If the answers to these questions are "no," then you may have a malpractice case.

If you and your attorney decide to sue, you must prove four elements:

• That the medical provider was legally responsible for your care.
• That the provider did not give you treatment that met standards of care.
• That failure to meet standards caused you injury; in some cases.
• That your injury caused you damage, which may be emotional or monetary. (In some cases this injury can include the suicide of the patient.)

Your suit may involve several parties besides you (the plaintiff) and the provider (defendant). Medical professionals are required to maintain professional liability insurance to offset the risk, and representatives of the insurer are also involved in settling or going to trial. If the case goes to trial, your lawyer may also bring in expert witnesses to help prove that your care fell short.

In a trial, you will have to convince a jury or judge that the four elements are most likely true. If you do, the jury or judge will decide how badly you were damaged and what compensation you deserve. If you are not satisfied with the result, you may be able to appeal, asking another court to evaluate the case. This process can take many years.