Medical malpractice case screener

Legal information only. Medical malpractice is highly fact-specific and requires expert medical review. This screener identifies potential claims - only a licensed malpractice attorney with medical experts can confirm viability. See our full disclaimer.

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The 4 elements of a medical malpractice claim

Every medical malpractice case requires proving 4 elements: duty, breach, causation, and damages. A doctor-patient relationship establishes duty. Breach is the deviation from the standard of care - what a competent physician in the same specialty would have done. Causation links the breach to the injury. Damages are the quantifiable harm that resulted.

Medical malpractice is one of the most difficult personal injury cases to win. It requires expert medical testimony, extensive record review, and significant litigation expense. Attorneys are selective about which cases they take because of the investment required. The stronger the deviation from standard care and the more serious the injury, the more likely an attorney will accept the case.

Common malpractice scenarios

The most frequently litigated malpractice claims involve surgical errors (wrong-site surgery, retained instruments, nerve damage), diagnostic failures (missed cancer diagnosis, delayed diagnosis, failure to order appropriate tests), medication errors (wrong drug, wrong dose, dangerous interactions), anesthesia errors, and birth injuries. Related tools: surgical error intake, birth injury claim screener, misdiagnosis claim evaluator.

Statute of limitations

Medical malpractice has some of the shortest statutes of limitations in personal injury law - typically 2 to 3 years from the date of the negligent act or from when the patient discovered (or should have discovered) the injury. Many states also require pre-filing expert affidavits and impose caps on damages. Contact an attorney immediately if you suspect malpractice.

Frequently asked questions

Not every bad medical outcome is malpractice. Medicine involves risk, and patients can have poor outcomes even when doctors do everything correctly. Malpractice requires proving that the provider deviated from the standard of care - what a competent physician in the same specialty would have done in the same circumstances. The key question is not "did something go wrong?" but "did the provider do something a competent peer would not have done, or fail to do something a competent peer would have done?"

Medical malpractice cases typically cost $50,000 to $150,000 or more to litigate due to expert witness fees, medical record review, depositions, and trial preparation. Attorneys front these costs on contingency, so they only accept cases with strong liability evidence and significant damages - typically $250,000 or more in recoverable harm. A case that's legally valid but involves minor injuries may not be economically viable to pursue. An honest attorney will tell you this upfront.

Many states require a certificate of merit or expert affidavit before or shortly after filing a malpractice lawsuit. This document must be signed by a qualified medical expert who has reviewed your records and believes a viable malpractice claim exists. Your attorney obtains this. It's designed to weed out frivolous claims early in the process. The expert affidavit requirement is one reason malpractice attorneys need to review your records before agreeing to take a case.

Many states impose caps on non-economic damages (pain and suffering) in medical malpractice cases, ranging from $250,000 in California to $750,000 or more in other states. Some states cap total damages. Economic damages (medical bills, lost wages) are typically not capped. A few states - including New York and Pennsylvania - have no caps. Your attorney will know your state's specific rules and how they affect your potential recovery.

Yes, and it's a good idea. Under HIPAA, you have the right to request copies of your medical records from any healthcare provider. Request complete records including operative notes, nursing notes, lab results, imaging, and medication administration records. Having records in hand speeds up the attorney review process significantly. Your attorney will also subpoena records as part of the case, but having your own copies helps the initial evaluation.