Filing a Medical Malpractice Lawsuit

How Do I File a Medical Malpractice Claim?

Many states have placed procedural hurdles in the paths of medical malpractice plaintiffs, to ensure their claims are valid.

First Steps to Sue a Doctor

Key considerations before filing a medical malpractice lawsuit against your doctor.

Medical Malpractice Injury Lawsuits Against Hospitals & Doctors

Lawsuits for medical negligence are some of the most complicated in personal injury law. Learn the basics of a medical malpractice claim here.

How to Report a Doctor or Hospital for Malpractice

If your doctor or hospital is not performing up to the medical standard, you can report it to a regulatory board. If the negligence lead to an injury, you may have a legal claim.

How to Sue a Hospital for Malpractice

Here's what you'll need to do to bring a medical malpractice lawsuit against a hospital.

Medical Malpractice Claims Against a Federal Hospital

When the hospital in question is run by the federal government - like a VA hospital - the Federal Tort Claims Act (FTCA) may come into play.

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.

Challenges of Winning a Medical Malpractice Lawsuit

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

Proving Hospital Negligence in a Medical Malpractice Case

In some cases, the hospital may be held liable for injuries to a patient in a medical malpractice case.

How an Expert Medical Witness Shows Negligence

Medical expert testimony is usually necessary to prove negligence in a medical malpractice case, and some states require it.

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.

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.

"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.

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?

Is It Negligent For a Doctor to Abandon a Patient?

When a patient is harmed by a doctor's cessation of treatment - commonly called "patient abandonment', or "medical abandonment" - a malpractice case may result.

Medical Malpractice: Misdiagnosis and Failure to Diagnose

Errors or omissions at the diagnostic stage are at the heart of a large portion of medical malpractice cases. Here's an introduction.

Can a Doctor Be Sued for Delaying Treatment?

A physician (or any health care professional) might be liable for medical malpractice if a delay in treatment or diagnosis causes harm, but proving your case can be difficult.

Can You Sue the Doctor Who Misdiagnosed You?

If a doctor gave you the wrong diagnosis and your condition got worse, you may have a valid medical malpractice claim.

Can Lack of Patient Consent Mean Medical Malpractice?

When a patient's injury relates to a lack of "informed consent," a doctor or hospital might be liable for medical malpractice.

Should You Sue Your Doctor for Malpractice?

Before you lawyer up and head off to court, be sure you have a well-founded case and you're prepared for a potentially long, uphill battle.

Can an Uninsured Patient Be Denied Emergency Treatment?

If you don't have health insurance, the hospital probably still needs to give you emergency care, and failure to do so can equal medical malpractice.

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.

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.

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.

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.