If you have suffered harm or injury because of poor medical treatment from a medical provider, or an error in diagnosis from your physician, then it is likely that you have a medical malpractice case. Usually, the standard that is used to determine if a doctor was negligent is whether a competent doctor would have rendered the same type of care under similar circumstances. You have a valid claim if the medical error committed by your doctor represents a breach of that standard of care, and thus, rises to the level of medical malpractice.
In order to prove medical malpractice, the victim must show that the doctor exhibited negligence with respect to diagnosis or treatment of your condition. You must have a doctor-patient relationship with the doctor who is being accused of medical practice. Common examples of medical malpractice are failure to diagnose, improper treatment and failure to warn a patient of known risks.