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Medical Malpractice Guide

Do I Have a Case?

Elements of a medical malpractice claim: duty, breach, causation, damages.

Do I have a medical malpractice case?

Four elements are required: duty, breach of the standard of care, causation, and damages. A poor outcome alone is not malpractice.

Quick screen

  • Was the care below what a reasonably careful provider would do?
  • Did that error likely cause your harm?
  • Are damages significant?
  • Are you within the statute of limitations?

Many states require a pre-suit certificate of merit from a qualified expert.

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Disclaimer: Laws differ by state and change over time. Always consult a licensed attorney in your jurisdiction.