Some states have laws which significantly limit the amount of damages that an injured person may recover as a result of medical malpractice. Many states also have shortened the applicable statute of limitations. Further, some states have established mandatory arbitration of medical malpractice disputes as a pre-requisite to a lawsuit for medical malpractice.
To prevail in a medical malpractice lawsuit, you must prove that your injury, loss or damage resulted from the doctor's deviation or failure to conform with the applicable standard of care for your condition in your community. Malpractice typically occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill and learning applied circumstances by the average prudent reputable member of the profession in the give in the "community". Comparison of performance is based upon the standard of care for the professional in the "community" - what other professionals in the same field do for their clients who are located in the same geographic area.