Can I sue a doctor for malpractice or negligence?

Medical malpractice is a specialized branch of personal injury law dealing with claims that a healthcare provider — a doctor, nurse, dentist, surgeon, hospital, pharmacist, or clinic — caused injury by failing to meet the standard of care their profession requires.

To win a medical malpractice case, the plaintiff must prove that:

1. A doctor-patient relationship existed, creating a legal duty of care.
2. The provider breached the standard of care — they did not act as a reasonably competent provider in the same specialty would have under similar circumstances.
3. The breach actually caused the patient's injury (the hardest element in most cases).
4. The patient suffered compensable damages.

Almost every state requires a plaintiff to support the case with a medical expert — a licensed practitioner in the same specialty who testifies that the defendant fell below the standard of care. Many states also require an affidavit or certificate of merit filed with or shortly after the complaint, certifying that a qualified expert has reviewed the case and believes it has merit.

Common case types include: surgical errors (operating on the wrong site, leaving instruments inside the patient), birth injuries (cerebral palsy from delayed C-section, Erb's palsy), missed or delayed diagnosis (especially cancer and heart attack), medication errors (wrong drug, wrong dose, dangerous interactions), failure to obtain informed consent, anesthesia errors, and nursing home neglect.

Most states impose damages caps on non-economic damages (pain and suffering) in medical malpractice cases — commonly $250,000 to $500,000, although some states have struck their caps down as unconstitutional. There is usually no cap on economic damages (past and future medical bills, lost earnings).

The statute of limitations for medical malpractice is short — typically 1 to 3 years from when the patient knew or should have known about the injury. Special "discovery rule" provisions can extend the deadline when the harm wasn't immediately obvious (e.g. a retained surgical sponge discovered years later).

Medical malpractice cases are exceptionally expensive to bring — expert witness fees alone often exceed $50,000 — so reputable attorneys only take cases with clear liability and substantial damages.