What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the applicable standard of care and that failure causes patient harm. The standard of care is what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances — not perfection.
Elements of a Medical Malpractice Claim
- A doctor-patient relationship existed
- The provider deviated from the standard of care
- The deviation caused the patient's injury (causation)
- The patient suffered damages as a result
Expert Testimony Requirement
Medical malpractice cases virtually always require expert medical testimony. An expert in the same specialty as the defendant must opine that the standard of care was breached and that the breach caused the harm. Without expert support, malpractice claims rarely succeed. Finding and retaining qualified experts is one of the most critical aspects of a malpractice case.
Statute of Limitations for Malpractice
Medical malpractice has its own statute of limitations — typically shorter than standard personal injury limitations. Most states allow 2-3 years from the date of the malpractice or from the date the patient discovered (or should have discovered) the injury. Some states have a statute of repose that acts as an absolute cutoff regardless of discovery. Consult an attorney immediately if you suspect malpractice.
Damages Caps in Malpractice
Many states cap non-economic damages in medical malpractice cases. These caps vary widely by state and have been subject to ongoing constitutional challenges. An attorney familiar with your state's malpractice law can advise on applicable caps.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.