Medical malpractice or medical negligence occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient.

 Since the 80s, the number of medical malpractice lawsuits has increased dramatically. In fact, in order to prevent lawsuits against them, some physicians are prescribing unnecessary diagnostic tests and longer-than-necessary hospital stays. Because of this defensive practice medical costs have jumped significantly.

There may be "malpractice" from a theoretical point of view, but if the conduct has not caused injury it is not a matter for the legal system. Sometimes there may be true "malpractice" but no residual damage. These are not strong cases. Juries are not all interested in a past history of damage; they do become interested when a plaintiff can show permanent injury.