Quick answer
Medical malpractice happens when a doctor, nurse or hospital fails to provide the accepted standard of care and that failure causes harm. These cases usually require medical expert support. Many states have special filing deadlines, pre-suit requirements and damage caps, so it's important to talk to a lawyer who handles malpractice cases early.
A bad outcome alone isn’t malpractice. A claim generally requires:
Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors and failure to get informed consent.
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.
Last reviewed November 11, 2026
A lawyer will typically have your records reviewed by a medical expert to judge whether the care fell below the standard and caused harm. Many offer this initial review free.
It varies by state, and it's often shorter or more complex than other injury claims. Some deadlines run from when you discovered the injury. Talk to a lawyer promptly.
Malpractice cases can cost tens of thousands of dollars in expert fees. If damages are small or causation is hard to prove, a lawyer may decline. A second opinion is reasonable.
Yes, if a reasonably careful provider would have made the correct diagnosis and the delay or error worsened your outcome.
Many states cap non-economic damages in malpractice cases, and a few cap total damages. Economic damages like medical bills and lost income are rarely capped.