Medical malpractice occurs when a healthcare provider — doctor, surgeon, nurse, hospital — fails to provide the standard of care that a competent provider would have given in the same situation, and that failure causes harm to the patient. Not every bad medical outcome is malpractice, but when a provider's negligence causes injury, you have the right to seek compensation.
A duty of care existed (doctor-patient relationship), the provider breached the standard of care (did something wrong or failed to act), the breach caused your injury, and you suffered actual damages (medical bills, lost income, pain and suffering).
In most states, you need a qualified medical expert to testify about what the standard of care was and how the provider fell short. This requirement makes med mal cases expensive to pursue — expert fees alone can run $5,000–$25,000+.
Most states give you 1–3 years from the date of injury (or discovery of injury) to file a malpractice lawsuit. Some states require you to file a notice of claim or submit to a medical review panel before you can sue.
Many states cap non-economic damages (pain and suffering) in medical malpractice cases, sometimes as low as $250,000–$500,000. Economic damages (medical bills, lost wages) are usually uncapped.
You typically don't pay anything upfront — the lawyer takes a percentage (usually 33–40%) of your recovery. If you don't win, you don't pay legal fees (though you may still owe case costs in some arrangements).
More on this topic: Personal Injury
Need a personal injury attorney? Browse lawyers for Personal Injury
NotALawyer.com provides general legal information, not legal advice.