What Is Medical Malpractice?
Medical malpractice generally refers to a claim that a doctor or other health care provider caused harm by failing to meet the accepted standard of care. Malpractice claims are governed mainly by state law, and states add their own procedural rules, such as certificates of merit, pre-suit review panels, special filing deadlines, and limits on damages. Separately, state medical boards handle complaints about a provider's conduct, and the federal National Practitioner Data Bank collects reports of malpractice payments.
What the law says
- Example (Florida): in a medical negligence case, the claimant must prove by the greater weight of evidence that the provider's actions represented a breach of the prevailing professional standard of care for that provider. Florida Statutes 766.102(1) (2026)
- Example (Florida): the prevailing professional standard of care is the level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. Florida Statutes 766.102(1) (2026)
- Certificate of merit (New York): in a medical, dental, or podiatric malpractice action, the plaintiff's attorney generally must file with the complaint a certificate stating that the attorney reviewed the facts, consulted with at least one physician, and concluded there is a reasonable basis to bring the case. New York Civil Practice Law and Rules 3012-a
- Filing deadline (New York): an action for medical, dental, or podiatric malpractice generally must be started within two years and six months of the act or omission, or of the last treatment where there is continuous treatment for the same illness, injury, or condition. New York Civil Practice Law and Rules 214-a
- Foreign objects (New York): when a claim is based on a foreign object left in the patient's body, the action may be started within one year of the date the object was discovered or reasonably should have been discovered, whichever is earlier. New York Civil Practice Law and Rules 214-a
- Review panel (Louisiana): malpractice claims against health care providers covered by the state's medical malpractice law must be reviewed by a medical review panel, made up of three licensed health care providers and a non-voting attorney chairman. The panel's expert opinion is admissible in a later court case but is not conclusive. Louisiana Revised Statutes 40:1231.8
- Damage cap (Louisiana): the total amount recoverable for all malpractice claims for injuries to or death of a patient, not counting future medical care and related benefits, may not exceed $500,000 plus interest and cost; a qualified health care provider is not liable for more than $100,000 plus interest and specified costs for any one patient. Louisiana Revised Statutes 40:1231.2
- The National Practitioner Data Bank (NPDB), established by Congress in 1986, is a web-based repository of reports on medical malpractice payments and certain adverse actions related to health care practitioners, providers, and suppliers. HRSA, National Practitioner Data Bank, About Us
- NPDB reports are confidential and not available to the public; eligible entities authorized by federal regulations may report to or query the NPDB, and individuals and organizations that are the subject of a report can access their own information. HRSA, National Practitioner Data Bank, About Us
- State medical boards take complaints about licensed physicians. For example, the Medical Board of California reviews complaints about quality of care, office practice, inappropriate prescribing, provider impairment, sexual misconduct, and unlicensed activity, and says it cannot provide financial compensation to patients. Medical Board of California, Complaints
FAQ
Is every bad medical outcome malpractice?
No. In Florida, for example, the claimant must prove the provider's actions breached the prevailing professional standard of care, meaning the level of care recognized as acceptable and appropriate by reasonably prudent similar providers.
How long do I have to file a medical malpractice lawsuit?
It depends on the state. In New York, the general deadline is two years and six months, with special rules for continuous treatment and foreign objects left in the body.
Can I look up a doctor in the National Practitioner Data Bank?
No. NPDB reports are confidential and not available to the public. Only eligible entities may query it, and subjects of a report can see their own information.
Will filing a complaint with a medical board get me compensation?
Not from the board. The Medical Board of California, for example, says it cannot provide financial compensation; boards review complaints about a provider's conduct and licensing.
Do all states require a review panel before a malpractice lawsuit?
No. Requirements differ by state. Louisiana, for example, requires most malpractice claims against covered providers to go to a medical review panel unless the parties agree otherwise.
Are malpractice damages limited?
Some states cap damages. Louisiana, for example, limits the total recoverable for a patient's injury or death to $500,000 plus interest and cost, not counting future medical care and related benefits.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.