Medical malpractice occurs because a doctor improperly treated a medical condition and this treatment or negligence is the cause of a new or worse injury to the patient. This is also known as medical negligence.

Medical Malpractice may result from: a. A delay or failure in diagnosing a disease; b. A surgical or anesthesia related mishap during an operation; c. A failure to gain the informed consent of the patient for an operation or surgical procedure; d. A failure to properly treat a disease even if the correct diagnosis has been made; or e. A misuse of Prescription Drugs or a Medical Device.

To establish medical negligence, an injured patient, the plaintiff, must prove: a. That there existed a duty owed by the health care professional to the patient; b. That there is an applicable standard of care, and the health care professional's deviation from that standard is deemed a breach of the duty owed to the patient; c. That there is a causal relationship between the deviation from the standard of care and the patient's injury; and d. That there is injury to the patient. The injured person has to prove that the physician’s conduct fell below a generally accepted standard; to prove the accepted standard, the plaintiff may need to present the testimony of another medical expert, indicating the standard required and establishing that the physician has failed to meet this standard.

Prescription error is a form of medical malpractice in which there is an error or miscalculation by a health care professional or pharmacist. It may seriously affect the patient, putting the patient’s very life in jeopardy. For example, a pharmacist could give the wrong drug, the doctor could prescribe the wrong dosage, or another health care professional could cause injury. The resultant injury from wrong drugs or overdoses could be catastrophic and form the basis of a suit for prescription error.