Not every bad outcome is malpractice. A claim generally requires showing that a provider didn’t meet the standard of care a reasonably careful provider would have, and that this caused real harm. Because these cases are expensive to bring, lawyers screen them carefully.
Common types of claims
- Misdiagnosis or delayed diagnosis.
- Surgical errors.
- Medication and anesthesia errors.
- Birth injuries.
- Hospital-acquired infections or failures in monitoring.
Rules that vary by state
Many states have special rules for malpractice cases, such as shorter deadlines, a requirement to have a medical expert certify the claim before filing, and caps on some damages or on lawyer fees.
What to do now
- Request copies of your medical records.
- Write down a timeline while it’s fresh.
- Keep bills and records of lost income.
- Get a free case review soon: deadlines can be short.
Frequently asked questions
How do I know if I have a malpractice case?
A lawyer, usually with a medical expert, reviews whether care fell below the accepted standard and caused your injury. Many offer free initial reviews.
Questions from readers
Question about Medical malpractice? Ask it here. We answer common questions in general terms on this page. This is not legal advice, and we can’t take your case.
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