Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
Medical negligence, mistake or omission can happen at any time during medical treatment. For example, your doctor may make a mistake diagnosing your illness, or he may improperly treat or fail to prescribe the proper medication for that illness. Standard of care is a key factor in medical negligence. This is the generally accepted method or methods used by other medical professionals in the area to treat or care for patients under the same or similar circumstances.