When you visit a doctor or hospital, you trust medical professionals to provide the care you need. But what happens when something goes wrong? 

Medical malpractice is a complex and often misunderstood area of law that addresses situations where healthcare providers fail to meet the standard of care, causing harm to patients.

Here are some important things you might not know about medical malpractice that could help you better understand your rights and options if you ever face a similar situation.

  • Medical Malpractice Isn’t Just About Doctors

When most people think about medical malpractice, they immediately picture a doctor making a mistake. However, liability in malpractice cases can extend far beyond physicians. Nurses, anesthesiologists, surgeons, and even the hospitals themselves can be held accountable if they fail to meet the accepted standard of care.

As Wilt Injury Lawyers explain: “In addition to physicians being held accountable for their medical errors, surgeons, nurses, certified nursing assistants, anesthesiologists, physician’s assistants, obstetricians, pediatricians, gynecologists, and even the hospital can be named liable in a medical malpractice lawsuit if they failed to uphold the medical standard of care expected of them as members of the medical community.”

This means that if multiple parties contributed to your harm, you might have a claim against several individuals or entities.

  • Medical Errors Are Alarmingly Common

You might think medical malpractice is rare, but research tells a different story. Studies suggest that medical errors are one of the leading causes of death in the United States, ranking just behind heart disease and cancer. Mistakes like misdiagnoses, surgical errors, and medication mishaps happen more often than you might expect.

What’s especially alarming is that many errors go unreported, leaving patients unaware that their condition worsened because of negligence rather than natural complications. 

Understanding how common these issues are might encourage you to ask more questions about your treatment and care.

  • Misdiagnosis Is a Leading Cause of Malpractice

Misdiagnosis or delayed diagnosis is one of the most common reasons patients file medical malpractice claims. When a condition is misdiagnosed, patients might receive the wrong treatment – or no treatment at all – allowing their condition to worsen unnecessarily.

Commonly misdiagnosed conditions include cancer, heart attacks, and infections, all of which require timely intervention to improve outcomes. If you suspect a diagnosis doesn’t feel right, it’s always smart to seek a second opinion. A second set of eyes could mean the difference between proper treatment and an oversight.

  • There Are Strict Deadlines for Filing a Claim

If you believe you’ve been a victim of medical malpractice, time is not on your side. Every state has a statute of limitations that dictates how long you have to file a claim after an incident of malpractice.


In many states, this timeframe is two years from the date of the injury or from when the injury should have reasonably been discovered. However, some exceptions may extend or shorten this deadline, depending on the circumstances, such as cases involving minors or concealed errors.

To protect your rights, it’s critical to consult with an experienced medical malpractice attorney as soon as you suspect negligence. They can help you navigate the legal process and ensure you meet all necessary deadlines.

  • Not All Poor Outcomes Are Malpractice

It’s important to understand that not every negative medical outcome qualifies as malpractice. Medicine is inherently risky, and even with proper care, treatments and procedures can fail to produce the desired results.

For a claim to qualify as medical malpractice, you must prove that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused your injury or worsened your condition. This typically requires expert testimony from medical professionals who can explain how the standard of care was breached in your specific case.

Knowing this distinction can help you manage your expectations and determine whether pursuing a claim is the right course of action.

  • Medical Malpractice Lawsuits Can Lead to Systemic Change

One of the lesser-known benefits of medical malpractice lawsuits is their potential to drive improvements in healthcare systems. When medical professionals or institutions face consequences for negligence, it can prompt changes that improve patient safety and reduce the likelihood of future errors.

For example, lawsuits have led to the implementation of stricter protocols for surgical procedures, improved communication among medical teams, and advancements in medication administration processes.

If you’ve suffered due to medical malpractice, pursuing legal action is an opportunity to hold the healthcare system accountable and contribute to positive change. 

Putting it All Together

Medical malpractice is a hot button issue with serious ramifications and consequences. Depending on who you talk to, you’ll get any number of opinions. But if you want to know the truth, it’s simple: Medical malpractice laws exist to protect individuals and hold medical professionals accountable for their actions. 

And that’s a net positive for both medical professionals and their patients.

Image Source: BigStockPhoto.com (Licensed)

Related Categories: Legal, Health, Reviews