Medical Malpractice Law: Filing A Negligence Claim (2026)

What Is Medical Malpractice Law?

Medical malpractice law is a type of tort law that makes it possible for patients to file claims against healthcare providers who have caused them harm as a result of misconduct.

Not all injuries you sustain while getting medical care occur because of negligence, however. To have a valid claim, you must be able to show that you did not receive the accepted standard of care.

Common Types of Medical Malpractice Claims

There are many common forms of medical malpractice. For example, you can experience injuries as a result of any of the following:

• Misdiagnosis or delayed diagnosis
• Anesthesia errors
• Medication errors
• Failure to treat
• Surgical errors
• Failure to obtain consent
• Hospital-acquired infections
• Negligence during delivery or labor

Any of these types of malpractice could leave you facing catastrophic injuries.

Who Can Be Held Liable for Medical Malpractice?

Medical malpractice law allows you to pursue a personal injury claim against the parties who caused you harm with their conduct. This can include providers like these:

• Doctors
• Nurses
• Pharmacists
• Surgeons
• Other individual providers

In instances when the liable party works as an employee for a hospital or clinic, you may also be able to pursue a claim against the facility. You can do this as a result of vicarious liability, which can hold a principal (the hospital or clinic) responsible for their agents (the provider).

Legal Elements Required to Prove Medical Malpractice

To prove that medical malpractice occurred, you must first demonstrate that a duty of care existed. This means showing that you had a patient-provider relationship. You’ll then need to show that the defendant offered substandard care, which is a breach of their duty.

Causation comes next. This involves showing that the provider’s conduct led directly to your injuries. Finally, you have to prove that you suffered compensable losses. If you were not harmed and didn’t require medical care, you won’t be able to file a claim even if the defendant acted with negligence.

How the Medical Malpractice Court System Works

Most medical malpractice claims don’t require going to court because they can be settled via negotiations, but if your case does end up in litigation, the process can involve sending a notice of intent to the defendant. The discovery phase can begin next, which means exchanging information between parties.

There could be depositions from eyewitnesses and from expert witnesses, too. It’s possible to continue negotiations throughout this entire process.

Damages and Compensation in Medical Malpractice Cases

You can receive economic damages in medical malpractice cases to address your medical expenses and any future care you may need. These damages also cover lost wages if you had to take time off from work. If you can’t return to work, you can receive compensation for loss of earning potential.

Non-economic damages, on the other hand, help to address losses that are less tangible. These include your loss of enjoyment of life and pain and suffering.

Statute of Limitations and Filing Requirements

Every state has its own statute of limitations for medical malpractice. Texas, for example, has a statute of limitations of two years for these cases, while Minnesota has a statute of limitations of four years.

If you did not realize that you had suffered an injury until later, the clock may not start running until you discovered or reasonably should have discovered the harm you sustained.

Some states also require that you submit an affidavit of merit. This is a document that a medical professional in the same field as the defendant writes, and which states that your claim is valid.

What to Do if You Suspect Medical Malpractice

If you suspect that a healthcare provider was negligent in their care, seek help from another doctor to ensure that your health issues are addressed correctly. Document everything, gather as much evidence as you can, and consult with an attorney as soon as possible.

Don’t discuss the situation with the provider you’re filing against or mention anything on social media. Listen to your attorney’s advice to have the best chance of recovering your losses.

Get Matched With a Medical Malpractice Lawyer Today

Sustaining injuries because of a medical professional’s negligence can be devastating. Medical malpractice law allows you to pursue a claim against the provider, but these are not simple cases. You need experienced representation to assist you through this complicated legal landscape.

At ConsumerShield, we can put you in contact with some of the most dependable attorneys in your area. Contact us for a free case review to get started today.