Medical malpractice occurs when a physician or other healthcare professional fails to adhere to accepted standards of care or is negligent in the way that medical care is provided. Additionally, a physician must give full information to a patient and fully explain the medical care options so that the patient is able to make an informed decision. The doctor should inform the patient of the diagnosis and the nature and purpose of the treatment, alternatives to the treatment and the benefits and risks of the procedure itself as well as the risks of not undertaking the procedure.

Some common types of malpractice cases involve improper diagnosis of the condition or failure to diagnose the condition, errors in prescribing medication, surgical errors during the course of an operation including severing a nerve or leaving medical instruments such as sponges or other foreign objects inside the patient. Errors in pre-natal care, diagnostic testing and improper delivery of a baby can result in brain damage, cerebral palsey, Erbs palsey and other birth defects.