Question 1

What is medical malpractice?

Accepted Answer

Professional negligence by a healthcare provider that breaches the accepted standard of care and directly causes patient injury or death.

Question 2

Is a bad outcome the same as malpractice?

Accepted Answer

No. A poor outcome alone is not malpractice — negligence and causation must be proven, generally with medical expert testimony.

Question 3

How do I prove medical malpractice?

Accepted Answer

By showing a duty of care, a breach of that duty, that the breach caused injury, and that real damages followed.

Question 4

How long do I have to file a malpractice lawsuit?

Accepted Answer

It depends on the state — typically one to three years from injury or discovery, with statutes of repose imposing outer limits.

Question 5

How much does it cost to hire a malpractice lawyer?

Accepted Answer

Most attorneys work on a contingency basis where state law allows — no fee unless they recover for you.

Question 6

How long do medical malpractice cases take?

Accepted Answer

Most resolve in one to three years. Complex cases can take longer.

Question 7

Will my malpractice case go to trial?

Accepted Answer

Most resolve in negotiation or mediation; a small share proceed to trial.

Question 8

Can I sue a hospital instead of a doctor?

Accepted Answer

Yes — hospitals can be directly or vicariously liable. The right defendants depend on the facts.

Question 9

Are damages capped?

Accepted Answer

Many states cap non-economic or total damages. Caps and exceptions vary widely and change with new court decisions.

Question 10

What is a statute of repose?

Accepted Answer

An absolute outer time limit that runs from the date of the negligent act and is not extended by late discovery.

Question 11

Does HIPAA give me a right to my own records?

Accepted Answer

Yes. You have the right to obtain copies of your medical records from providers and facilities.

Question 12

Can I sue for medical malpractice if I signed a consent form?

Accepted Answer

Yes. Consent covers known risks of properly performed care, not negligence.

Question 13

Who can sue for wrongful death from malpractice?

Accepted Answer

State law decides. Usually the personal representative of the estate, on behalf of statutory beneficiaries.

Question 14

What is a 'never event'?

Accepted Answer

A clearly preventable medical error — wrong-site surgery, retained instrument, wrong patient — universally recognized as never acceptable.

Question 15

What is EMTALA?

Accepted Answer

A federal law requiring hospital ERs to screen, stabilize, and properly transfer patients with emergency conditions.

Question 16

Are nurses liable for malpractice?

Accepted Answer

Yes. Nurses can be liable; hospitals usually are too, vicariously, for employed nurses.

Question 17

Are pharmacies liable for medication errors?

Accepted Answer

Yes. Pharmacies and pharmacists can be liable for dispensing errors and failure to flag interactions.

Question 18

What is a certificate of merit?

Accepted Answer

A pre-suit affidavit, often required by state law, in which a qualified expert states the claim has merit.

Question 19

Can I sue if I survived the misdiagnosis?

Accepted Answer

Yes. The harm is the difference between your outcome and the outcome competent care would have produced.

Question 20

What evidence is most important?

Accepted Answer

Complete medical records, imaging, lab data, and qualified expert testimony.

Medical Malpractice FAQ