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.

Medical Malpractice: A Comprehensive Guide to Standard of Care, Causation, Damages, and Tort Reform

Tort > Medical Malpractice | Published 21 February 2025 - Updated 26 August 2026 | UpLaw - uplaw.us

Malpractice is the only area of tort law where the plaintiff must hire a member of the defendant's profession to explain to a jury that the defendant did it wrong. Everything else about the field follows from that.

The full text of this document is available to Executive subscribers and above. See plans.