Medical Malpractice: When Can You Sue Your Doctor?

Medical malpractice occurs when a healthcare provider's negligence causes patient harm. It is one of the most complex areas of personal injury law, requiring expert testimony and meticulous documentation. Here is what you need to know.

What Is Medical Malpractice?

Medical malpractice is a specific type of negligence that occurs when a healthcare provider:

1. Fails to meet the applicable standard of care
2. That failure causes harm to the patient
3. The patient suffers damages as a result

The "standard of care" is what a reasonably competent healthcare provider with similar training would do in the same circumstances.

Common Types of Medical Malpractice

• Misdiagnosis or delayed diagnosis — Failing to diagnose a condition that a competent doctor would have caught
• Surgical errors — Operating on the wrong site, leaving instruments inside a patient, or causing unnecessary damage
• Medication errors — Prescribing the wrong drug, wrong dose, or failing to account for drug interactions
• Birth injuries — Injuries to mother or baby during delivery due to negligent care
• Anesthesia errors — Administering too much or too little anesthesia
• Failure to treat — Correctly diagnosing a condition but failing to provide appropriate treatment
• Failure to warn — Not informing patients of known risks of a procedure

What You Must Prove

To win a medical malpractice case, you must prove:

1. Duty — A doctor-patient relationship existed
2. Breach — The healthcare provider deviated from the standard of care
3. Causation — The breach caused your injury
4. Damages — You suffered actual harm

Proving breach and causation almost always requires testimony from medical experts.

Statute of Limitations

Medical malpractice claims must be filed within a specific time period, which varies by state (typically 2-3 years from the date of injury or discovery). Some states have special rules for cases involving minors or cases where the injury was not immediately discovered.

Damages Available

• Medical expenses (past and future)
• Lost wages and earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Wrongful death damages (in fatal cases)

Why You Need an Attorney

Medical malpractice cases are extraordinarily complex and expensive to litigate. They require:

• Medical expert witnesses
• Extensive medical record review
• Detailed understanding of medical standards of care
• Significant upfront investment

Most medical malpractice attorneys work on contingency, meaning you pay nothing unless you win. Find a medical malpractice attorney near you on NinjaLawyers.