All Laws Decoded

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

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.

Related

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.