{"id":353175,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/medical-malpractice-overview.html"},"modified":"2025-10-06T11:04:30","modified_gmt":"2025-10-06T16:04:30","slug":"medical-malpractice-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/medical-malpractice-overview.html","title":{"rendered":"Medical Malpractice Overview"},"content":{"rendered":"\n
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Medical Malpractice Overview<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Medical malpractice occurs when a health care provider\u2019s negligence causes serious injuries or harm to a patient. Successful claims can offer compensation for losses, such as medical bills and lost income.<\/p>\n\n <\/div>\n\n\n\n

We trust doctors with our health and our lives. However, even doctors make mistakes.<\/p>\n

If a doctor makes a medical error or misdiagnoses a patient, can you sue a doctor or healthcare provider? What happens if an insurance company refuses to provide coverage for your medical malpractice action? As an injured patient, when can you file suit?<\/p>\n

This article provides a brief overview of medical malpractice law and includes helpful links that can answer more questions about medical malpractice cases.<\/p>\n

A medical malpractice lawyer<\/a> can help recover damages. This means you could receive compensation for economic and non-economic damages. Damages can include lost income, medical bills, and more. An attorney can also talk to your insurance company on your behalf.<\/p>\n

Medical Malpractice Defined<\/h2>\n

What is medical malpractice?\u00a0Medical malpractice<\/a>\u00a0is when a medical professional commits a negligent act<\/span> while providing medical care.<\/p>\n

A negligent act resulting in personal injuries or\u00a0wrongful death<\/a>\u00a0can occur in hospitals. Some of them are avoidable. When a healthcare professional makes a preventable error that results in injury, the patient may file a medical malpractice suit to recover damages for injuries and medical bills.<\/p>\n

Elements of a Medical Malpractice Claim<\/h2>\n

For medical negligence to be\u00a0actionable<\/a>\u00a0(all components necessary to constitute a viable cause of action and thus a legitimate lawsuit), the\u00a0following elements<\/a>\u00a0must exist:<\/p>\n