08/31/2026
Not every bad medical outcome is a result of malpractice. So what actually makes a claim valid?
To have a valid medical malpractice lawsuit, a patient typically must prove the provider acted negligently, meaning they failed to provide treatment that met the accepted medical standard of care. Without a doctor-patient relationship, there is generally no legal duty of care and therefore no basis for a claim.
Because medical issues are often complex, expert testimony is usually required to explain how a provider's conduct fell short of accepted standards, and a patient must also prove that negligence directly caused injury or worsened a medical condition.