Medical Malpractice Claims

What Counts as Medical Malpractice?

Medical malpractice occurs when a healthcare provider — a doctor, nurse, hospital, or other medical professional — deviates from the accepted 'standard of care' in a way that causes injury to a patient. The standard of care refers to what a reasonably competent provider in the same field would have done under similar circumstances.

Not every bad medical outcome is malpractice. Medicine inherently involves risk, and a poor result doesn't automatically mean a provider was negligent. The key question is whether the provider's actions fell below the accepted professional standard — not simply whether the treatment was successful.

Common types of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and failure to obtain informed consent before a procedure.

The Role of Expert Witnesses

Because medical malpractice cases involve technical and specialized knowledge, nearly every jurisdiction requires expert testimony to establish what the standard of care was and how the defendant failed to meet it. Typically, this expert must be a qualified professional in the same or a similar specialty as the defendant.

Many states also require plaintiffs to submit a certificate of merit or affidavit from a qualified expert early in the case, confirming that there is a reasonable basis for the malpractice claim. Failing to meet these procedural requirements can result in a case being dismissed regardless of its underlying merits.

Special Rules for Medical Malpractice Cases

Medical malpractice claims often have shorter statutes of limitations than other personal injury cases, and some states apply a 'discovery rule' that starts the clock when the patient discovers (or reasonably should have discovered) the injury, rather than when the malpractice occurred.

Many states also impose caps on non-economic damages (such as pain and suffering) in medical malpractice cases, which can significantly affect the value of a claim. Additionally, claims against government-run hospitals or providers may involve sovereign immunity protections and require special notice procedures.

Given these complexities, medical malpractice cases typically require extensive review of medical records, consultation with medical experts, and a detailed understanding of the procedural rules in the relevant jurisdiction.