A practical malpractice screen has four separate questions

  1. Was there a provider–patient relationship or other legally relevant duty?
  2. Is there a specific medical decision that may fall below the applicable professional standard?
  3. Did that alleged problem probably cause additional injury?
  4. 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.

Open the official sources directory.