Guide · Tort
Medical Malpractice: A Comprehensive Guide to Standard of Care, Causation, Damages, and Tort Reform
42 U.S.C. § 1395
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-02-21
- Topic
- Tort
This guide covers medical malpractice from intake through trial and its aftermath, for plaintiff counsel, defense counsel, and the injured patient trying to understand a system built to be difficult. Part 1 covers the elements and why the standard of care is a question of fact rather than a rule, and Part 2 covers expert testimony: qualification statutes, the locality rule, Daubert and Frye, and the exclusion motions that decide cases. Part 3 covers the procedural gates — pre-suit notice, certificates of merit, screening panels, and the repose periods that dismiss more claims than the merits do. Part 4 covers causation including loss of chance, and Part 5 covers informed consent as an independent claim. Part 6 covers institutional and federal defendants, including the deeming trap that ends meritorious claims. Part 7 covers damages and the reform architecture, and Part 8 covers discovery, the medical record, and the audit trail. Part 9 covers settlement, reporting, and the parallel licensing exposure that shapes every physician's decision, and Parts 10 through 12 add worked case studies, practice notes by role, and a state research sequence.
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