What governs the ability to seek damages in a medical malpractice case based on federal rules?

In a medical malpractice case, the ability to seek damages is primarily governed by state law. Medical malpractice is generally considered a tort under state law, and the specifics—such as the standard of care, the statute of limitations, and the type of damages that can be sought—vary from one state to another. Therefore, options related to federal law, internal hospital policies, and insurance protocols are not the basis for determining the right to seek damages in this context.

Federal law typically does not govern medical malpractice claims unless there is a specific federal statute that applies, which is rare. While federal law can influence certain aspects, especially in cases involving federal programs or facilities, the underlying principles and procedures are dictated by state law.

Hospital policies and insurance protocols may affect how claims are processed or settled, but they do not govern the foundational legal right to seek damages in a medical malpractice case. Thus, it is essential to understand that state law remains the primary legal framework under which these claims operate.