[2] In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence.
[3] Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient.
[citation needed] The Supreme Court of the United Kingdom decided in 2018 that the duty of care extended to information given to patients by clerical staff of a healthcare provider, such that a medical negligence case might be predicated upon an administrative mistake.
A patient at Croydon Health Services NHS Trust's emergency department had severe brain damage having been given misleading information by staff at reception.
[9] In many jurisdictions, a medical malpractice lawsuit is initiated officially by the filing and service of a summons and complaint.
[14] Medico-legal action across multiple countries is more common against male than female doctors (odds ratio of 2.45).