Learn what counts as medical malpractice and how to get the financial compensation you deserve for serious malpractice injuries.
Medical errors are the third leading cause of death in the United States, after heart disease and cancer. ¹
People from all walks of life are at risk of injury and death from mistakes made during their medical or dental care.
Hospitals, doctors, nurses, and other health care professionals might make grave errors in diagnosis, treatment, aftercare, or during the management of a patient’s care.
Medical Malpractice happens when a health care professional is negligent by providing treatment which falls below accepted standards of care in the medical community and causes harm to the patient.
Learn more about medical negligence with The Injured Patient’s Guide to Medical Malpractice.
Today, roughly half of all states limit the amount of compensation a person can expect from a malpractice case. The damage caps typically apply to non-economic damages like pain and suffering.
Even with malpractice damage caps, injured patients and their families are eligible for compensation reaching into hundreds of thousands of dollars. ²
When you or a loved one suffer serious harm from a medical error, you’re entitled to seek compensation from all parties involved. Get help from an experienced malpractice attorney.
Administrative Medical Failures
Health Insurance Denials and HMO Malpractice
Protect your right to appeal unfair insurance decisions and seek restitution for coverage denials. Don’t let corporate greed affect your health care.
Can a Doctor or Hospital Deny Treatment?
If you’ve been denied treatment by a hospital or doctor, you need to know your rights and the laws governing health care facilities.
HIPAA Violations: Can You File a Lawsuit?
Here’s where we unpack HIPAA laws, and how you can pursue legal action if your personal health information is shared without your permission.
Hospital Errors and Malpractice
Hospital Malpractice: Filing a Lawsuit for Compensation
Hospital errors cause devastating injuries to patients. Here’s how to build a strong medical malpractice case against a negligent hospital and its staff.
Fatal Errors: Hospital Wrongful Death Claims
Here’s what you need to know about hospital wrongful deaths. If a loved one died in a hospital due to negligence, you may have the right to file a malpractice claim and lawsuit.
Emergency Room Malpractice and Compensation
Medical errors in hospital emergency rooms happen every day. Here’s how to seek compensation for injuries caused by medical malpractice in the ER.
Direct Care Malpractice Injuries
How to Identify Physician Malpractice
If a doctor’s negligence has injured you or a loved one, you have a right to expect compensation. Learn more about winning high-dollar malpractice claims and lawsuits.
When a Wrong Diagnosis Counts as Malpractice
When your doctor misdiagnoses what’s wrong, the results can be devastating. Learn about medical diagnosis malpractice and how to pursue restitution.
Injured by the Wrong Medication?
When doctors and pharmacies give you the wrong medication, it can cause serious harm. Here’s how to pursue legal action for injuries caused by medication errors.
Birth Injury Lawsuits Against Doctors and Hospitals
You’re entitled to seek compensation for birth injuries caused by medical negligence. Here’s what you can do if your baby was injured during childbirth.
Lawsuits for Cesarean Section Errors
Injuries from a botched C-section can be devastating to a mother and baby. Find out how to file a lawsuit for injuries caused by C-section malpractice.
Filing a Surgical Malpractice Lawsuit
Some of the most devastating medical errors happen during surgery. Here’s what you should know if you or a loved one are victims of surgical malpractice.
Dental Malpractice: Can You File a Lawsuit?
You’re entitled to seek compensation if you’ve been hurt by a dental procedure gone wrong. Here’s what you need to know about dental malpractice lawsuits.
Medical Product Liability
Dangerous Drug Lawsuits: How to Pursue Legal Action
Serious drug side effects may entitle you to financial compensation. Here’s where we unpack what you need to know about bad drug claims and lawsuits.
Defective Medical Devices and Product Liability Claims
You have the right to pursue legal action for harm caused by a defective medical device. Learn more about liability lawsuits for medical device injuries.
Getting the Compensation You Deserve
Doctors, dentists, hospitals, and diagnostic facilities pay thousands of dollars each year to be protected by malpractice insurance. Malpractice insurance companies have armies of defense attorneys who will stop at nothing to keep you from winning your claim or lawsuit.
They know high-dollar malpractice cases can result in a settlement or jury verdict worth hundreds of thousands, sometimes millions of dollars.
You don’t have to fight alone when you have an attorney who specializes in medical malpractice cases, and you don’t have to pay upfront for skilled legal help.
How to Choose the Best Personal Injury Attorney for Your Case
Getting fair compensation for your injuries can depend on having a good attorney. Here’s what you need to know to hire the right attorney for your case.
To win a malpractice lawsuit, you and your attorney must prove:
- The medical or dental care provider did something wrong or failed to do what any other care provider would to in that situation. In other words, they violated the “standard of care” you should have received.
- The error caused an injury you would not have suffered if the provider hadn’t violated the standard of care.
- Your injury resulted in measurable damages like additional past and future medical bills, loss of income, disability or permanent disfigurement, or unusual pain and suffering.
Medical and dental service providers are licensed and regulated by the state where they practice. Likewise, each state has its own laws and statutory deadlines for filing malpractice lawsuits. Consult an attorney as soon as possible to make sure you file your lawsuit before the deadline.
Hypothetical Malpractice Case Examples
Here is a fictionalized account of a medical malpractice case based on a medical mistake made by an emergency room doctor who misread the patient’s chart. The examples begin with letters sent by the personal injury attorney and progress through the preparation and negotiation of a settlement.
Every case is different. Always follow the advice of your own attorney.
- Malpractice Notification Letter Sample
- Malpractice Settlement Demand Sample
- Negotiating Medical Negligence Claims
- Negotiating Medical Liability Insurance Claims
- Sample Settlement Negotiation Discussion
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Medical Malpractice Questions & Answers
I’m a 29 year old female athlete in good health. In early 2014 I suffered from severe IT band syndrome in my left knee. I…
Approximately 1 month ago I sustained an injury during a routine blood draw. The technician hit the radial nerve in my left arm. Immediately, it…
My pain management doctor had let go of their acupuncturist who used to do my acupuncture and injections. About a month and a half ago…
I broke my ankle and needed surgery to repair it. During the surgery the doctor was drilling in a pin and it broke, so a…
I just recently learned that almost every blood count that I’ve had has shown an elevated white blood cell count. Of the doctors I have…
My mother past away 2 years ago and I just found out my brother filed a medical malpractice lawsuit against my mother’s doctor. I was…