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Medical malpractice attorneys near you
Harm caused by treatment that fell below the accepted standard of care.
Deadline, in general
Commonly one to three years, usually measured from when the injury was discovered, with an outer limit from the injury itself.
A malpractice claim is not about a bad outcome. It is about care that fell below the accepted standard and caused harm that better care would have avoided — and proving that requires a qualified expert in the same field to say so.
Medical malpractice carries the tightest deadlines and the most specific procedure of any injury claim, and both are set by your state. Most run the clock from when you discovered the injury, with an outer limit from the injury itself, whichever comes first. Many also require pre-suit notice to the provider, an expert affidavit or certificate of merit, or a review panel before a case may be filed.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —Something went wrong during treatment and the explanation keeps changing.
- —A condition was missed or misread and the delay caused harm.
- —A surgical error, a wrong medication, or a wrong dose.
- —Records you request are slow to arrive or arrive incomplete.
- —Harm during childbirth, to a parent or a baby.
What an attorney generally does here
- —Obtain the complete medical record, including the parts not offered.
- —Have the care reviewed by a qualified expert in the same specialty.
- —Serve any pre-suit notice, and file any certificate of merit, that your state requires before filing.
- —Work out how your state’s damage caps, if it has any, affect what the claim is worth.
- —File inside a limitation period that is shorter than people expect.
The deadline
Commonly one to three years, usually measured from when the injury was discovered, with an outer limit from the injury itself. Set by Your state’s medical malpractice limitation and repose statutes.
Different rules apply to children and to cases involving a foreign object. Claims against a public hospital or county facility can additionally require a government claim within months. Many states also require pre-suit notice or an expert certificate before filing. These interact badly; ask early.
Worth gathering first
- —The medical records and any discharge paperwork you already hold.
- —A timeline: symptoms, appointments, what you were told, by whom.
- —The names of every provider and facility involved.
- —Bills and records of follow-up treatment.
- —Any complaint you have already made to the provider.
If you work in care
Healthcare workers often recognise it first — in a family member’s care, or in a facility where they work. Being inside the system helps you read the record, and it also means understanding that raising a concern about an employer’s care carries its own protections worth knowing about.
Common questions
How long do I have to sue for medical malpractice?
Generally one year from when you discovered the injury and its negligent cause, and no later than three years from the injury, whichever comes first. Exceptions exist for minors and retained foreign objects.
Is there a cap on damages?
In many states, yes, and it usually applies only to non-economic damages such as pain and suffering rather than to medical bills and lost earnings. Some states cap nothing and a few have had their caps struck down. It is one of the largest differences between states in this area.
Do I need an expert?
In practice, yes. These claims turn on what the accepted standard of care required, and that is established by a qualified expert in the same field.
A bad result happened. Is that malpractice?
Not by itself. Medicine carries risk, and a poor outcome after reasonable care is not a claim. The question is whether the care itself fell below the standard.
Related
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.