Medical Malpractice Attorneys

A bad outcome alone isn’t malpractice. A claim generally requires:

1. A provider-patient relationship
2. A breach of the standard of care: what a reasonably careful provider in the same field would have done
3. Causation: the breach caused your injury
4. Damages: real harm, such as added medical costs, lost income or pain

Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors and failure to get informed consent.

• Expert support: many states require a medical expert’s affidavit or certificate of merit when you file, or before
• Pre-suit notice: some states require written notice or review by a medical panel before a lawsuit
• Shorter or different deadlines: often with a “discovery rule” and an outer limit called a statute of repose
• Damage caps: many states cap non-economic damages in malpractice cases
• Fee limits: some states cap contingency fees in malpractice cases

See statute of limitations by state.

• Get care from a different provider if you need it.
• Request copies of your medical records. You have a legal right to them.
• Write down a timeline: dates, providers, what you were told.
• Keep bills and records of time missed from work.
• Talk to a malpractice lawyer before deadlines approach, because case review takes time.

Physicians, surgeons, nurses, anesthesiologists, hospitals, clinics, pharmacies and nursing facilities can all be responsible. Hospitals can be liable for employees’ errors and for their own failures, such as unsafe staffing.

Malpractice cases are expensive and technical. Look for a lawyer with specific malpractice experience, access to medical experts and the resources to fund the case through trial. See how to choose a personal injury lawyer.