What counts as medical malpractice?

The four things that must line up

1. A professional relationship existed, so a duty was owed.
2. The provider departed from what a reasonably competent provider in that field would have done.
3. That departure caused the injury — not the underlying illness.
4. The injury produced real damages: further treatment, lost income, permanent impairment.

Common categories

Misdiagnosis or delayed diagnosis, especially of cancer, heart attack and stroke; surgical errors including wrong-site surgery and retained instruments; medication and dosing errors; anaesthesia errors; birth injuries; and failure to obtain informed consent for a procedure's known risks.

Why these cases are expensive to bring

Causation almost always requires expert testimony, and most states add procedural gates: an affidavit or certificate of merit from a qualified expert filed with the complaint, a pre-suit notice period, or a medical review panel that screens the claim first. Many states also cap non-economic damages — the figures range from a few hundred thousand dollars to no cap at all.

Deadlines are tighter than people expect

Two to three years is typical, often measured from discovery of the injury, but capped by a statute of repose measured from the treatment. Claims involving public hospitals can require notice within a few months.

First practical step

Request the complete medical record, including imaging and nursing notes, in writing. Under HIPAA a provider must normally respond within 30 days. The record is what any lawyer will need before they can tell you whether there is a case.