Medical Malpractice FAQs

Medical malpractice is when a doctor, nurse, hospital, or any healthcare provider makes a mistake that harms a patient. This mistake could be a wrong diagnosis, giving the wrong medicine, doing a surgery wrong, or not informing the patient properly. It basically means the care you got was not what other good doctors would have given in the same situation—and because of that, you were hurt.

To know if you have a medical malpractice case, think about four simple things:

1. Did a doctor or hospital agree to treat you?
2. Did they make a serious mistake or do something careless?
3. Did that mistake cause you to get hurt or worse?
4. Did it cost you—like more medical bills, pain, or time off work?

If your answer is “yes” to all of these, it’s a good idea to talk to a lawyer who knows about medical malpractice.

Here are some common ways medical malpractice can happen:

• Misdiagnosis: Doctor says it’s one thing, but it’s actually something more serious.
• Surgery mistakes: Like operating on the wrong body part or leaving something inside you.
• Wrong medicine or dose: Getting the wrong drug or the wrong amount.
• Injuries at birth: If the baby or mom gets hurt because the doctor didn’t act properly.
• Anesthesia mistakes: Problems with the drugs used to put you to sleep during surgery.
• Not telling you risks: If you weren’t told the possible side effects before a treatment.

Every state has its own rules, but usually you have 1 to 3 years to file a case after the mistake happened—or from when you found out about it. This deadline is called the statute of limitations. If you miss it, you may not be allowed to sue. So it’s important to act quickly and talk to a lawyer as soon as you suspect something went wrong.

If you win your case, you may get money to help you with:

• Medical bills: For care you needed because of the mistake.
• Lost wages: If you had to take time off work.
• Pain and suffering: For what you went through physically and emotionally.
• Future problems: If you’re going to need long-term care.
• Punishment to the provider: In very serious cases, the court may also fine the provider.

The amount depends on how bad the mistake was and how it changed your life.

Most lawyers don’t charge you anything upfront. They work on something called a contingency fee, which means they only get paid if you win money from the case. Their fee is usually a percentage of the money you get—around 30% to 40%. You may also have to pay for expert witnesses or court costs, but this is usually taken out of your final settlement.

Yes, you can. If the person who made the mistake works for the hospital, the hospital can be held responsible. You can also sue the hospital directly if they did something wrong, like:

• Hiring unqualified doctors or nurses
• Not having enough staff
• Not keeping the place safe

Even if the doctor doesn’t work directly for the hospital, a lawyer can help you figure out if the hospital still shares some blame.

These cases don’t move quickly. A typical medical malpractice lawsuit can take 1 to 3 years or more. It depends on how complex your case is, how many experts are involved, and whether it goes to court or settles early. Your lawyer will handle most of the hard work and keep you updated.

There’s no fixed amount, but many settlements fall between $250,000 and $400,000. If the injury is very serious or permanent, the payout can be much higher—sometimes in the millions. Each case is different, and the amount depends on how much harm was done and what your future needs are.

No, it’s not. Sometimes things go wrong even when the doctor did everything right. That’s not malpractice. Malpractice only happens when the doctor made a careless mistake that other good doctors wouldn’t have made—and that mistake caused harm. That’s why having a medical expert review your case is very important.

Yes, you can. This is called a wrongful death lawsuit. If a family member died because of a medical mistake, you may be able to get compensation for funeral expenses, loss of support, emotional pain, and more.

If you think a doctor or hospital made a mistake, here’s what you should do:

1. Get a copy of your medical records.
2. Write down what happened.
3. Get a second opinion from another doctor.
4. Talk to a medical malpractice lawyer.

The sooner you act, the better your chances of building a strong case.

Yes. If you went through mental suffering because of a medical mistake—like anxiety, depression, or trauma—you may be able to get money for emotional distress. This is called non-economic damages and can be included in your case.

Not always. Many malpractice cases are settled out of court. But if a fair deal can’t be reached, your case might go to trial. A good lawyer will try to settle first but will be ready to fight for you in court if needed.

The first step is to talk to a medical malpractice attorney. They’ll look at your situation, review your records, and tell you if you have a strong case. If so, they’ll file the lawsuit for you.

In some states, yes. This is called the discovery rule. It means the clock starts when you discover the mistake—not when it happened. But time is still limited, so talk to a lawyer quickly.

Yes. Children can have medical malpractice claims too. Usually, a parent or guardian files on their behalf. The time to file may be longer for kids, but it depends on the state.

Yes, in most cases. A medical expert (usually another doctor) is needed to explain how the mistake happened and why it counts as malpractice. This helps prove that your doctor didn’t follow proper standards.

Some states require this before filing a case. It’s a document from a medical expert saying your case has merit—that is, a valid reason to sue. It helps stop fake or weak claims before they start.

Yes. It’s not just doctors who can be held responsible. Nurses, technicians, and other healthcare workers can also be sued if their mistake caused harm. Everyone who played a role can be included in your case.