Medical Malpractice Cases – Complexities and Complications

December 2, 2025 | Medical Malpractice

What are Medical Malpractice Cases?

At its core, medical malpractice means a health care provider failed to meet the accepted professional standard of care and that failure caused harm.  This means you must show the provider breached the standard of care and that breach led to an injury that would not have otherwise occurred.

The four core elements of a malpractice claim:

Any successful medical malpractice case generally must establish four elements:

• Duty: The provider had a professional obligation to the patient
• Breach: The provider acted below the accepted standard of care
• Causation: The breach caused the injury
• Damages: The patient suffered measurable harm as a result

All four elements must be proven. A bad outcome alone is not enough to prove malpractice. Medical procedures carry known risks, and not every bad outcome represents negligence.

Expert testimony: the gatekeeper of malpractice cases

One major reason malpractice claims are hard to win is that the underlying issues are technical. Unlike a car crash where most people can grasp the basic rule that you should not run a red light, medical care often requires specialized medical knowledge to explain what should have been done and why.

That specialized knowledge is supplied by expert witnesses. An expert must explain the standard of care, identify how the provider breached that standard, and link that breach to the injury. In many states an expert opinion is required even to file the lawsuit. 

What constitutes a breach of the standard of care?

A breach means conduct falling below what a minimally competent professional would have done under similar circumstances. Examples include:

• Ordering the wrong test or failing to order a test that was clearly indicated
• Failing to diagnose a condition that would have been recognized by a competent professional
• Administering the wrong medication or dosing a medication incorrectly
• Making a decisive diagnostic error, such as declaring cancer where none exists or missing a cancer that would have been found with reasonable care

Crucially, not every bad result is malpractice. A known and rare side effect of a treatment that occurs despite appropriate care does not mean the provider breached the standard of care. The question is whether the provider acted negligently, not whether the outcome was unfortunate.

“Just because a really bad thing happens or a rare side effect occurs, that does not mean that the standard of care was breached.”

Causation: the most common and costly hurdle

Proving causation is often the most contested part of a malpractice case. You must show that the provider’s breach caused an injury that would not have otherwise occurred. That sounds straightforward, but in practice it raises complex medical and statistical questions.

For example, in a cancer misdiagnosis case a plaintiff must prove that an earlier diagnosis would have led to a better outcome. Establishing that probability requires expert testimony from oncologists and sometimes from epidemiologists or statisticians. Those experts are both expensive and difficult to secure.

Multiple experts may be needed. One expert might testify about the standard of care and how it was breached. Another might testify on causation and prognosis. This multiplies costs and complicates scheduling. Courts and insurers are aware of these burdens, and the financial and evidentiary pressure can make it impractical for many cases to move forward.

Discovery, timelines, and cost

Once a case is filed, discovery is intensive. Medical malpractice cases typically require:

• Obtaining and reviewing large volumes of medical records
• Depositions of treating providers and expert witnesses
• Independent medical examinations, when authorized
• Interrogatories, requests for admission, and substantial document production

Because of the evidence and the need for multiple experts, these cases often take years to resolve. It is not uncommon for a malpractice claim to last two to three years from filing to resolution. During that time costs accumulate: expert fees for depositions and trial testimony, court costs, and attorney resources devoted to complex legal and medical issues.

Further case difficulties

Additional factors that contribute to a high rate of defense verdicts:

• Public trust in medical professionals. Jurors often give doctors and nurses the benefit of the doubt. Many members of the public view health care providers as trying their best in difficult situations
• Complex medical facts. Technical medical explanations are harder to translate into simple narratives that jurors can follow. If the plaintiff cannot make the technical proof accessible, jurors may default to the provider’s explanation
• Sympathy for providers in emergencies. In emergency settings or after crises, jurors may be more inclined to excuse errors made under stressful conditions
• Strategic failures by counsel or the parties. A case that goes to trial often means settlement talks broke down. In many trials one side underestimated a liability or damages issue, or settlement offers were unrealistic

Where plaintiffs do win, verdicts can be substantial. Large jury awards tend to reflect clear, egregious failures or corporate negligence such as systemic understaffing at a facility. Jurors are more likely to hold organizations accountable when the narrative can be framed as a policy-driven failure rather than an isolated mistake by an individual provider.

Practical steps if you think you have a malpractice claim

If you suspect medical malpractice, take these practical steps right away:

1. Obtain all medical records. Medical records belong to the patient. Providers can charge attorneys a higher fee than they charge patients for record copies. It is almost always cheaper and faster for the patient to request and pay for their own records. Having the records in hand speeds up any review by counsel.
2. Document events and communications. Keep a list of key dates, symptoms, conversations with providers, and any out-of-pocket costs related to the injury.
3. Save images and test results. If imaging, lab reports, or photographs exist, make sure you have copies. These often carry crucial evidence.
4. Consult with an experienced malpractice attorney. A lawyer with malpractice experience can evaluate the records, identify potential experts, and advise on pre-suit requirements and deadlines.
5. Be prepared for expert costs. Understand that a credible claim will require expert opinions and that those experts charge significant fees.

Realistic expectations on settlement and trial

Most malpractice claims resolve before trial. Settlement is the most common outcome, but not all claims even get to meaningful settlement negotiations because of pre-suit barriers. 

If a case makes it through discovery, settlement becomes much more likely because both sides see the expense and uncertainty of a trial. When cases go to trial, defense verdicts are common. Plaintiffs should proceed only with clear evidence and an understanding of the risks.

Remember, please do not assume a bad medical outcome equals malpractice. Instead, collect your records, get expert input, and evaluate the case realistically with experienced counsel. That is how strong claims are identified and pursued, and how resources are protected from being spent on cases that cannot meet the legal standards.

For expert guidance and help on Medical Malpractice cases, contact High & Younes LLC at 402-933-3345.