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What is Medical Malpractice?

Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.

Understanding Medical Malpractice

Medical malpractice claims require proof that the healthcare provider owed a duty to the patient, breached the standard of care, caused harm, and that the patient suffered damages. Expert testimony is typically required to establish the standard of care and breach.

Examples

  • 1Surgical errors leaving instruments inside patients
  • 2Misdiagnosis or delayed diagnosis of serious conditions
  • 3Medication errors causing adverse reactions

Why This Matters in Legal Cases

Medical malpractice cases are among the most complex and expensive to litigate. They require expert medical testimony, extensive record review, and often face special procedural requirements like certificates of merit or shorter statutes of limitations. Many states also cap non-economic damages in malpractice cases, which directly affects the potential recovery.

Explaining to Clients

Help clients understand that a bad medical outcome alone does not constitute malpractice—medicine involves inherent risks. The key question is whether the healthcare provider deviated from what a competent provider would have done in the same situation. Setting this expectation early prevents frustration if an expert review reveals the care was appropriate.

Frequently Asked Questions

How do I know if I have a valid medical malpractice case?

A valid case requires proof that (1) a doctor-patient relationship existed, (2) the provider failed to meet the accepted standard of care, (3) that failure directly caused your injury, and (4) you suffered measurable damages. Most attorneys have medical experts review your records before accepting a case.

Why are medical malpractice cases so expensive to pursue?

These cases require expert witnesses (often $500-$1,000+ per hour), extensive medical record reviews, and sometimes medical illustrators or life care planners. Expert testimony is legally required to establish the standard of care and prove it was breached. The discovery process is also more complex due to the technical nature of the evidence.

Is there a time limit for filing a medical malpractice lawsuit?

Yes. Statutes of limitations for medical malpractice are often shorter than for general personal injury—typically 1-3 years from the date of the malpractice or from when it was discovered (the "discovery rule"). Some states also have statutes of repose that set an absolute deadline regardless of when the injury was discovered.

Sources

Related Terms

Standard of Care

The degree of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.

Expert Witness

A person with specialized knowledge, training, or experience who is allowed to offer opinion testimony to help the jury understand technical or scientific issues.

Informed Consent

A patient's agreement to medical treatment after being fully informed of the risks, benefits, alternatives, and potential outcomes.

Letter of Protection (LOP)

A written agreement where an attorney promises to pay a medical provider from the client's eventual settlement or verdict, allowing treatment without upfront payment.

Medical Lien

A legal claim by a healthcare provider or insurer against a personal injury settlement or verdict to recover payment for treatment related to the injury.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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