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In the context of a malpractice lawsuit, the applicable form of law is common law. Common law is rooted in judicial precedents and is developed by the decisions made in previous court cases. In a malpractice case, judges typically rely on established legal principles and prior rulings to inform their decisions, particularly regarding the standards of care that healthcare professionals are expected to uphold.

Common law allows for the evolution of legal interpretations based on new circumstances and societal expectations, making it fundamental in cases that involve professional liability. Malpractice lawsuits, being civil in nature, usually depend on precedents set by prior cases to establish whether the healthcare provider acted negligently, and to determine the nature of the damages.

In contrast, constitutional law refers to the body of law that interprets and applies the provisions of a country's constitution, while regulatory law pertains to rules created by administrative agencies that govern specific sectors. Judicial law is often used synonymously with case law, but it is not the standard phrase to describe the law that governs malpractice cases. Each of these other forms of law does not generally govern the proceedings of malpractice lawsuits in the same way that common law does.