Medical Malpractice guides

A bad outcome in medical care is not automatically malpractice. A claim generally has to show that the provider owed you a duty of care, fell below the accepted standard of care, and that the lapse caused a specific harm. Proving the standard usually takes testimony from another medical professional, which is one reason these cases cost more and take longer than most injury claims.

Many states add their own steps. Some require an expert's certificate or affidavit before you can file, some cap non-economic damages, and some set a shorter filing deadline than they do for ordinary injury claims, sometimes counted from the date the injury was discovered. This category's guide explains the elements you must prove and the evidence that supports each one. Because the rules differ so much by state, check your state's page for its general injury deadline, then read your state's medical malpractice statute directly before relying on any date. Nothing here replaces a review of your records by a lawyer who handles these cases.