The way healthcare is delivered in 2025 continues to change—from AI-assisted diagnostics to widespread telehealth appointments. While these innovations aim to improve care, they can also create new opportunities for medical mistakes. When a healthcare provider makes a preventable error that causes serious harm, the patient has the legal right to take action through a medical malpractice claim.
Medical malpractice isn’t just about a bad outcome. It’s about accountability when a provider fails to meet the professional standard of care. Whether it’s a misdiagnosis, surgical oversight, or something less obvious like a delay in treatment, understanding your rights as a patient is the first step toward seeking justice.
To find out what qualifies as malpractice today, how state laws apply, and how evolving technology plays into these cases, continue reading.
What Counts as Medical Malpractice?
To bring a malpractice claim, a patient has to prove more than dissatisfaction. A valid case generally includes these key elements:
- A doctor-patient relationship existed
- The provider failed to deliver appropriate care
- That failure directly caused injury or harm
- The harm led to measurable damages—like additional treatment, time off work, or pain and suffering
The law requires providers to act with the same level of care that a reasonably skilled professional would in a similar situation. If they fall short and a patient is harmed, that opens the door to legal recourse.
Common Types of Malpractice Cases in 2025
While the causes of malpractice haven’t changed much, the settings and tools involved have. Common examples include:
- Missed or delayed diagnoses—especially of serious conditions like cancer or infections
- Mistakes during surgery, such as operating on the wrong area or leaving instruments inside the body
- Problems during childbirth that cause injuries to the baby or mother
- Prescription and medication errors, including incorrect dosage or drug interactions
- Poor follow-up or post-treatment care
With more patient care happening virtually or through AI platforms, errors tied to digital recordkeeping, automated triage tools, or delayed responses are becoming part of the conversation, too.
How the Legal Process Works
Malpractice laws vary by state, but there are a few common steps and requirements that most claims follow:
Early Case Review
Many states now require a review by a qualified medical expert before filing a lawsuit. This specialist typically offers a written opinion indicating the possibility of malpractice.
Time Limits
Patients must act within the statute of limitations. Generally, this means filing a claim within two years of the injury being discovered—or reasonably expected to be discovered. Some exceptions apply, especially for minors or in cases involving surgical items left in the body.
Limits on Damages
A patient's compensation for non-economic losses, such as emotional distress, is capped in a number of states.. New Jersey, for example, does not cap these damages, while states like California have adjusted their limits in recent years.
Technology’s Impact on Medical Error Claims
Technology is helping providers diagnose faster and communicate more easily—but when something goes wrong, the consequences can be complicated:
- AI tools that misinterpret symptoms or lab results
- Telehealth platforms that lack proper documentation
- Digital errors like missed test results due to software glitches
- Inconsistent charting across systems used by different providers
Courts now consider these digital interactions as part of the medical record. Patients should always request and save communications sent through apps or portals, especially if care seemed delayed or confusing.
What to Do If You Think You Were Harmed
If you believe you were injured due to medical negligence, don’t wait to act. Here are a few steps to protect your rights:
- Get medical attention from another provider to address the issue.
- Ask for your full medical records, including notes and test results.
- Write down what happened, including timelines, names, and symptoms.
- Contact an attorney who handles malpractice claims in your state.
Waiting too long can hurt your chances, especially if evidence disappears or timelines pass.
Call Brandon J. Broderick For Legal Help
Medical errors can cause more than physical pain—they can lead to financial stress, emotional hardship, and lasting consequences. At Brandon J. Broderick, Attorney at Law, we help patients and families navigate complex medical malpractice claims with compassion and focus.
Our team works closely with medical experts to review what happened, identify mistakes, and pursue the compensation you deserve. If you’ve been harmed by negligent care—whether in a hospital, doctor’s office, or virtual visit—contact us today for a free consultation. We’re here to help you move forward.