Medical malpractice occurs when someone is harmed by a medical professional who neglects to provide the proper degree of health care treatment, according to Nolo. Simply because a patient is unsatisfied with the outcome of a procedure or because a mistake was made doesn't mean that there is a case.
Examples of medical malpractice include delayed diagnosis, misdiagnosis, fetal injuries, medication errors, anesthesia errors and surgery errors, notes Nolo. Negligence is required for there to be a medical malpractice case, which means that the medical professional lacked the competence or skill to properly take care of a patient.
A majority of medical malpractice cases deal with delayed diagnosis and misdiagnosis, states Nolo. An improper diagnosis can result in an individual not getting the treatment he needs to live or avoid significant harm. To have the best chance of winning this type of medical malpractice case, the affected person must compare what the treating physician either did or failed to do with how the situation would've been handled by a more competent physician.
Medical malpractice laws and rules differ from state to state, according to Nolo. Someone who thinks that he has a malpractice case should consult a reputable attorney who is experienced with medical malpractice cases in a specific state.