Medical Malpractice Claims: Standard of Care, Deadlines and Damages

What must be proven

A malpractice plaintiff must prove a provider-patient relationship, a breach of the accepted standard of care, causation and damages. The standard of care is established through expert testimony from a provider in the same field. A bad outcome alone is never enough.

Deadlines and procedural hurdles

Malpractice statutes of limitation run from one to four years, often with a discovery rule and an absolute statute of repose. Many states require a certificate of merit or expert affidavit, pre-suit notice to the provider, or screening panels. Claims against public hospitals carry additional notice requirements.

Damage caps

Roughly half of the states cap non-economic damages in malpractice cases, with limits ranging from about $250,000 to over $1 million, sometimes indexed to inflation. Economic damages (medical costs and lost earnings) are generally uncapped.

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Medical Malpractice laws and local guides by state

State law sets the filing deadline, the fault rule and the insurance system that apply to a medical malpractice claim. Choose your state for the specifics and for county and community pages.