Medical Malpractice Cases

Medical Malpractice: What You Need to Prove

How a medical malpractice plaintiff establishes a health care provider's liability for a mistake in the treatment setting.

The Trial Process in a Medical Malpractice Lawsuit

An overview of each stage in a typical medical malpractice lawsuit.

Timeline of a Medical Malpractice Lawsuit

Start here to get a detailed picture of the key steps in a typical medical malpractice case.

Challenges of Winning a Medical Malpractice Lawsuit

Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win.

What is the Statute of Limitations for Medical Malpractice Lawsuits?

Learn about the four different ways the "statute of limitations" might come into play in a medical malpractice case.

The Insurance Company in a Medical Malpractice Case

A patient's medical malpractice lawsuit is really against the insurance company, rather than the doctor or health care facility responsible for the mistake.

Using Arbitration for a Medical Malpractice Claim

There are pros and cons to using arbitration to resolve a medical malpractice claim - and sometimes the patient may not have a choice.

"Discovery" of Medical Malpractice and the Statute of Limitations

When it comes to the filing deadline for medical malpractice lawsuits, the statute of limitations "clock" doesn't always start on the day of the medical error.

Certificate of Merit Requirement in a Medical Malpractice Case

Plaintiffs may need to file an expert witness's sworn statement on the merits of their claim before they can proceed with the lawsuit.

Do Release or Consent Forms Preclude You From Suing for Medical Malpractice?

Can the legal forms you signed protect the hospital or doctor from a medical malpractice lawsuit? Depending on the type of claim, it's possible, but unlikely.

Certificate of Merit Requirement in a Medical Malpractice Case

Plaintiffs may need to file an expert witness's sworn statement on the merits of their claim before they can proceed with the lawsuit.

When It's Medical Malpractice—and When It Isn't

A negative treatment outcome doesn't mean your health care provider has committed medical malpractice.

How Long Do I Have to Sue for Medical Malpractice?

Your state's statute of limitations sets the deadline for filing a medical malpractice lawsuit in court.

Can You Settle a Medical Malpractice Claim Without a Lawsuit?

It's rare for a medical malpractice case to be resolved before a lawsuit is filed, but resolution before trial is common.

How Much Will It Cost to Bring a Medical Malpractice Claim?

Out-of-pocket costs to bring a medical malpractice lawsuit are typically covered by the injured patient's attorney, but there are some things to watch out for.

What is "Pain and Suffering" in a Medical Malpractice Case?

"Pain and suffering" is often the largest component of an injured patient's damages in a medical malpractice case.

What is the "Standard of Care" in a Medical Malpractice Case?

A health care professional's deviation from the "standard of care" can lead to a medical malpractice lawsuit.

Defending a Medical Malpractice Claim

If you're a medical malpractice defendant (or you just want to see things from that side), start here.

Can You Sue a Hospital for Medication Errors?

Mistakes in prescribing or administering medication can lead to a lawsuit, but it's not easy to prove.

Medical Abandonment and a Physician's Responsibility

What responsibilities does a doctor have to continue treating a patient, and what happens when he or she fails to do so?

Discharged from Hospital Too Early: Medical Malpractice?

If your condition got worse because you were sent home too soon, that could equate to medical malpractice.