When Can I Sue A Doctor For Medical Malpractice?

When can I sue a doctor for medical malpractice? Recent tort reform has changed the damages that you can receive in a medical malpractice suit. Also, it is difficult to prove fault in medical malpractice. It is best to consult with an attorney if you think that you have a medical malpractice claim.

Medical malpractice is a negligence question that should only be answered by a professional. A claim for medical malpractice exists when the provider's conduct falls below the standard of care.


The legislature recently passed tort reform into law, which has created limits on non-economic damages that can be recovered by the plaintiff, or the plaintiff's family. The result is that it has become more of a risk for an attorney to take on a medical malpractice case. The risk increases because the attorney has to spend considerable money to hire experts, prove up evidence, etc., but the damages that can be recovered are limited by the statute. As a result, a plaintiff could spend more to prove a medical malpractice case than they could potentially recover, due to the caps on the damages.

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