The Medical Malpractice Research Desk is an editorial archive covering medical malpractice case law, verdict research, and the standard of care.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or death. This can include surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, and failure to treat.
Proving medical malpractice requires establishing four elements: duty of care, breach of that duty, causation, and damages. Expert medical testimony is typically required to establish both the standard of care and how it was breached.
Statutes of limitations for medical malpractice vary by state. Some states also have damage caps and special procedural requirements.
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This archive is updated as new appellate decisions and rule changes are published.