Medical Malpractice

Medical Malpractice Claims


A Clear Look at the Issue

Medical malpractice occurs when a health care provider - such as a doctor, nurse, surgeon, hospital, or other medical professional - fails to provide care that meets accepted professional standards and causes harm to a patient. In the United States, these claims are based on the idea that medical professionals owe a duty of care to their patients and must exercise reasonable skill and judgment in diagnosis, treatment, and follow-up care.

Proving malpractice typically involves showing that a provider's actions fell below the accepted standard of care for their profession, that this breach directly caused an injury, and that the injury resulted in measurable harm or damages such as additional medical bills, pain, or lost income.

Conditions That May Apply

Medical malpractice claims arise from a wide range of injuries or harms that result from negligent care. Situations that may support a claim include, but are not limited to:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors, including wrong-site surgery or retained instruments
  • Medication or prescription errors
  • Anesthesia errors
  • Birth injuries
  • Failure to order necessary tests or follow up on test results
  • Improper treatment or substandard aftercare
  • Hospital or staff negligence in treatment or monitoring

You May Be Eligible If

Medical malpractice claims are evaluated carefully and may apply if the following criteria are present:

  • You received medical care from a licensed healthcare provider
  • The care you received did not meet the standard of care expected of similarly qualified professionals
  • The provider's breach of the standard of care directly caused or contributed to your injury or worsened your condition
  • You suffered measurable harm, such as additional medical treatment, ongoing health issues, disability, pain, or financial loss
  • You are not currently represented by an attorney
  • You have documentation of your medical treatment and injury (e.g., medical records, test results)
  • Applicable statute of limitations rules have not expired, and your claim can be filed within required timeframes


Statute of limitations and timing rules vary by state and type of injury and are reviewed on a case-by-case basis.

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