A practical malpractice screen has four separate questions
- Was there a provider–patient relationship or other legally relevant duty?
- Is there a specific medical decision that may fall below the applicable professional standard?
- Did that alleged problem probably cause additional injury?
- Is there legally recognized harm worth pursuing under the applicable state rules?
Facts that make an initial review more useful
- A one-page treatment timeline
- The specific provider, facility, or decision being questioned
- Records from before and after the event
- The later diagnosis, corrective treatment, or documented injury
- The state and approximate treatment/discovery dates for deadline research
Facts that do not answer the question by themselves
A severe injury, an apology, a different second opinion, an abnormal test, or a bad outcome may be important evidence, but none automatically establishes every element of a malpractice claim.
Check current law before relying on a procedural rule
Medical-malpractice filing rules differ by state and can change. Use the relevant court, legislature, medical-board, and lawyer-licensing sources, and ask licensed counsel to calculate deadlines or filing requirements for a specific matter.