Medical Malpractice & Negligence Lawyers

Medical malpractice can occur in any setting and involves a patient receiving healthcare from a licensed healthcare provider. This includes medical care rendered at a hospital, an emergency room, a doctor’s office, a therapy or rehabilitation center, an ambulatory surgery center, a dialysis clinic, a skilled nursing facility, or even within the home if the patient is receiving home healthcare.

This also includes care and treatment rendered by physicians, nurses, advanced practice registered nurses (ARNP), physician assistants (PA), radiology technicians, therapists, and mental health counselors.

In order to have a valid medical malpractice claim, you generally must prove four (4) things:

Duty of Care

The duty of care for a healthcare provider is established when they undertake care of a patient. The duty is to act as a reasonably careful healthcare provider would under similar circumstances. This is referred to as the Standard of Care.

Breach of Duty

A breach of the Standard of Care occurs when a healthcare provider fails to act as a reasonably careful healthcare provider would under similar circumstances. This could be something that was done that should not have been (an act), or the failure to do something that should have been done (an omission). This is often referred to as a breach of the Standard of Care.

Causation

You must prove that the breach of the Standard of Care caused injury, loss, or death. This is often the most difficult element to prove, as sometimes it is not obvious as to what caused an injury or death.

Damages

The harm, injury, and loss caused by medical malpractice. This includes both economic damages (wage loss, loss of future wages, past medical expenses, future medical expenses, loss of a spouse’s services) and non-economic damages (pain & suffering, mental anguish, loss of enjoyment of life, loss of loved one’s companionship and protections). 

Consulting with a medical malpractice attorney is the best way to determine if your case meets these criteria.

Medical malpractice should not be taken lightly. It is a serious offense, and if you suspect medical malpractice, you should immediately seek medical attention from another healthcare provider. Ensure your immediate safety by seeking a second opinion or additional treatment, and be sure to voice your concerns with the new healthcare providers so they understand the complete story. 

Next, you should attempt to gather all pertinent medical records by putting in formal requests for them. Be mindful that it sometimes takes 30 days for records to be completed or available.  Also, you should always request all records, including disks of any imagery, instead of just accessing your patient portal which typically only contains portions of your records.  Documenting dates and times is also very helpful, as well as any pictures or videos that detail or show injuries sustained.

Lastly, and most importantly, contact the top medical malpractice lawyers at Morgan & Morgan for a free case evaluation to learn more about your legal options. As one of the best medical negligence law firms in the country and the largest personal injury law firm, our army of over 1,000 trial-ready lawyers is prepared to fight for the full and fair compensation you need and deserve.

Medical Malpractice represents some of the most complex and expensive litigation in the country, and as such, it is important for you to have adequate firepower and resources behind your case. Our expert Medical Malpractice attorneys will help you navigate these waters from the onset of your case until its conclusion. This starts with a free comprehensive evaluation of your potential case to determine if it is a viable medical malpractice case.

There are legal time limits to determine how long after an accident a victim can bring a lawsuit known as the statutes of limitations.

The statute of limitations for medical malpractice claims varies by state, typically ranging from one to three years from the date of the injury or when the injury was discovered. Some states also have a statute of repose, which places an absolute limit on filing claims, often around five years. It's crucial to consult an attorney promptly to ensure you file within the required timeframe. Be mindful that the time to bring a claim may be calculated by when you first suspected medical malpractice, so it is important to act quickly if you have suspicions.

The time it takes to resolve a medical malpractice lawsuit can vary widely depending on several factors, including the complexity of the case, the severity of injuries, and the willingness of the parties to settle. 

Unlike many other types of law, Medical Malpractice cases nearly always require litigation. While most cases settle without the need for trial, at Morgan & Morgan we approach each and every case as if it will require trial to resolve as there is no way to predict which ones will require trial. While the complexity of some cases often requires years of litigation, our goal is always to apply maximum effort and resources toward resolving your case and maximizing your recovery, and we try to do that as expeditiously as possible.

At Morgan & Morgan, our team of experienced medical malpractice attorneys have hundreds of years of combined experience to assist and guide you throughout this process. Many of our lawyers started their careers defending physicians, nurses, hospitals, and liability insurance carriers before switching over to become advocates for injured patients and their families. This unique experience allows them to expertly assess and evaluate cases from all vantage points. Importantly, our Medical Malpractice attorneys are advocates for accessible and quality healthcare and work with some of the country’s top medical experts in seeking accountability for medical mistakes.

Morgan & Morgan charges no upfront fees for Medical Malpractice cases.

That’s right, the Fee Is Free™. You don’t pay a dime unless we win your case. We only take our fee from a successful settlement or verdict. If you don’t get the compensation you deserve, you don’t pay.

We work on a contingency fee basis so that everyone has access to justice—regardless of their bank balance.

If you’re searching for a “Medical Malpractice Attorney Near Me,” you don’t need to look any further than Morgan & Morgan. As the nation’s largest personal injury law firm with offices in every state, we have experienced medical malpractice lawyers who can help.

To learn more about our approach and how we can help, reach out today for a free case evaluation.

Yes, you can switch lawyers at any point in your medical malpractice case if you’re unhappy with your current representation. However, consider any financial implications, such as outstanding legal fees, and ensure your new attorney can handle your case effectively.

Morgan & Morgan offers free case evaluations to discuss the possibility of switching to one of our hospital negligence attorneys. You can call us anytime for free and without obligation.

Yes, you can sue even if the error did not cause permanent injury, as long as you can prove that the negligence resulted in harm. Compensation can still be sought for medical bills, additional treatments, pain and suffering, and other damages caused by the malpractice.

No medical treatment should cause you unnecessary suffering or additional expenses due to medical error. If any level of harm has come to you because of medical malpractice, reach out to Morgan & Morgan today.

If you file a medical malpractice claim, the compensation you may receive typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.
 

Economic Damages

These cover the quantifiable financial losses you’ve incurred as a result of the medical malpractice. They include:

• Past Medical Expenses: Reimbursement for past and current medical bills related to the malpractice, such as surgeries, hospital stays, medications, physical therapy, and assistive devices.
• Future Medical Expenses: The cost of future medical care, surgeries, treatment, therapy, nursing care, aide and attendant care, and any other care or treatment which will most likely be necessary in the future.
• Lost Wages: Compensation for income lost due to missed work while recovering.
• Loss of Earning Capacity: If the malpractice affects your ability to work in the future, you can receive compensation for reduced earning potential.
• Wrongful Death Damages: In the event that the malpractice results in the death of a patient, a surviving spouse and surviving children may be entitled to compensation for loss of monetary support and loss of household services that were provided by the deceased victim.

Non-Economic Damages

These compensate for the intangible losses you’ve suffered, which don't have a direct monetary value but significantly impact your quality of life. They include:

• Pain and Suffering: Physical pain and emotional distress caused by the malpractice.
• Mental Anguish: Mental pain, illness, suffering, and/or disease caused by the malpractice.
• Loss of Enjoyment of Life: If the malpractice prevents you from engaging in hobbies, activities, or other aspects of life you previously enjoyed.
• Inconvenience: Any disruption of normal daily living that resulted from the malpractice including having to travel to and from doctors, undergo therapy, rearrange lifestyles, etc.
• Disfigurement or Disability: Compensation for permanent physical impairment or visible scars resulting from the malpractice.

Punitive Damages

Punitive damages are less common and are awarded to punish the healthcare provider for particularly reckless or egregious conduct. These damages are designed to deter similar behavior in the future.

State-Specific Caps

It’s important to note that some states have caps on non-economic damages in medical malpractice cases. For example, certain states may limit the amount you can recover for pain and suffering, regardless of the severity of your case.

Factors Influencing Compensation

The amount you may receive will depend on several factors, including:

• The extent and permanence of your injuries.
• The cost of future medical care and treatment.
• The degree of negligence demonstrated by the healthcare provider.
• The specific laws in your state regarding medical malpractice claims.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our medical malpractice lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

Many states have caps on non-economic damages (such as pain and suffering) in medical malpractice cases. These caps vary widely by state, and some states have ruled such caps unconstitutional. There are generally no caps on economic damages like medical bills and lost wages.

Morgan & Morgan’s medical negligence attorneys can inform you about any specific caps to your state and case type. Get started in minutes with a free case evaluation today.

Medical malpractice specifically involves negligence by healthcare providers, while general personal injury claims can arise from a wide range of incidents, like car accidents or slip and falls. Medical malpractice cases require proving that the provider deviated from the medical standard of care, which is often more complex and involves expert medical testimony.

At Morgan & Morgan, we offer a free legal consultation for medical malpractice so you can learn more about the specifics of your case and what makes it distinctly medical malpractice.

To prove medical malpractice, a patient must present evidence that shows that the healthcare providers were negligent in their care and treatment and that such negligence resulted in injury, loss, or death.

Medical records are the cornerstone of any medical malpractice case. They provide a detailed account of the patient’s medical history, treatments, medications, and the care received from healthcare professionals.

These records are used to establish the standard of care provided and identify any deviations. They can highlight discrepancies, such as improper dosages, missed diagnoses, or incorrect procedures.

Expert witnesses, typically qualified doctors or healthcare professionals, are also important in medical malpractice cases. They provide an objective opinion on whether the standard of care was breached.

Experts can explain complex medical issues to the court, comparing the care given against what a competent professional would have provided under similar circumstances. They can affirm if the actions (or inactions) of the defendant directly caused harm.

To prove malpractice, you must also provide proof of a doctor-patient relationship, which establishes that the healthcare provider owed you a duty of care.

Additionally, you must prove causation—evidence showing that the provider’s negligence directly caused your injury. This often involves linking the breach of standard care to the injuries sustained. Expert witnesses help bridge this connection, demonstrating how the provider’s actions led to the damages.

Yes, you can sue a hospital for medical malpractice if the hospital’s negligence contributed to your injury. This could include issues like inadequate staffing, failure to vet medical professionals, or faulty equipment. However, if the responsible party is an independent contractor rather than a hospital employee, the liability may rest with the individual provider.

Settling a medical malpractice case out of court involves several key steps designed to resolve the dispute without the need for a trial. Settling out of court typically involves:

• Demand Letter: Your lawyer sends a letter to the defendant outlining your claim and damages.
• Negotiations: Both parties engage in negotiations, often with the help of mediation or arbitration.
• Settlement Agreement: If an agreement is reached, both parties sign a settlement, and the case is closed without going to trial.

Settling a medical malpractice case out of court can be a complex but often quicker and less stressful alternative to litigation. It allows both parties to control the outcome without the unpredictability of a jury trial.

At Morgan & Morgan, our medical malpractice attorneys are prepared to go to trial if necessary, and we never take the easy way out if you aren’t getting the full and fair compensation you deserve.

A medical malpractice trial is a formal legal proceeding in which a judge or jury examines the evidence to determine whether a healthcare provider’s negligence caused harm to a patient. Medical Malpractice trials can be lengthy, sometimes up to four (4) weeks, and can also be very costly.  That is why we will always make every effort to resolve your case without the need for trial, while always being prepared to take your case to trial if it comes to that.

Jury Selection

If the trial involves a jury, the process begins with jury selection (voir dire). Attorneys from both sides question potential jurors to determine any biases or conflicts of interest that could affect their impartiality.

The goal is to assemble a fair and unbiased jury that will objectively evaluate the evidence presented.

Opening Statements

The plaintiff’s attorney presents the case overview, explaining the alleged medical negligence and how it caused harm to the patient. This sets the stage for the evidence that will be presented.

The defense attorney responds with their perspective, outlining why they believe the healthcare provider was not negligent or that the negligence did not cause harm.

Presentation of Evidence and Witness Testimony

The plaintiff’s side presents evidence, including medical records, expert testimony, and witness statements. Expert witnesses, usually medical professionals, play a critical role by explaining how the standard of care was breached and how this breach led to the injury. The defense will cross-examine the plaintiff’s witnesses to challenge their credibility, the validity of their testimony, or the conclusions drawn.

The defense then presents its evidence, which may include expert witnesses who argue that the standard of care was met or that other factors caused the injury. The plaintiff’s attorney will cross-examine the defense witnesses to highlight inconsistencies or weaknesses in their arguments.

Rebuttal

The plaintiff may present rebuttal evidence to counter the defense’s claims. This phase allows the plaintiff to address specific points raised by the defense’s evidence and testimony.

Closing Arguments

The plaintiff’s attorney summarizes the case, emphasizing the key evidence and testimony that support the claim of negligence. The defense attorney responds, highlighting the lack of evidence or alternative explanations for the injury.

Each side uses this opportunity to persuade the jury or judge of their position and clarify the most compelling aspects of their case.

Jury Deliberation

The jury deliberates in private, discussing the evidence and arguments presented. They must reach a unanimous decision in most cases, although some jurisdictions allow a majority verdict.

Verdict

The jury returns with a verdict, deciding whether the healthcare provider was negligent and, if so, the amount of compensation owed to the plaintiff.

The verdict can either be in favor of the plaintiff, awarding damages, or in favor of the defense, absolving the healthcare provider of liability.

Post-Trial Motions and Appeals

Either party can file motions after the verdict, such as a motion for a new trial or a motion to alter the judgment if they believe there were errors during the trial. 

If the losing party believes that legal errors affected the outcome, they may file an appeal. An appellate court will review the trial proceedings for fairness but does not re-examine the facts.

An expert witness plays a crucial role in medical malpractice cases, serving as a key component in establishing whether a healthcare provider acted negligently. Their expertise helps clarify complex medical issues for the judge, jury, and attorneys, making their testimony often pivotal to the outcome of the case.

They can help to establish the standard of care, prove negligence, explain medical concepts, interpret evidence, provide objective opinions, testify in court, rebut defense claims, and even assist in settlement negotiations.

If a doctor loses a medical malpractice case, they rarely will be required to directly pay damages to the plaintiff, as settlements and verdicts are typically paid by medical malpractice insurance carriers or self-insured hospitals. Following a verdict, a physician who is found liable for medical malpractice may also receive discipline on their license from their state regulatory board of medicine. This rarely results in a physician’s license being suspended or revoked, as those actions are typically reserved for repeat offenders, egregious mistakes or intentional conduct.

Medical malpractice claims can be complex, and defendants—often doctors, hospitals, or other healthcare providers—employ a variety of defenses to challenge allegations of negligence. These can include:

• Standard of Care Met: Arguing that the medical provider met the accepted standard of care.
• No Causation: Claiming that the alleged negligence did not directly cause the injury.
• Contributory Negligence: Asserting that the patient’s actions contributed to their harm.
• Informed Consent: Proving that the patient was informed of the risks and still chose to proceed with treatment.
• Blame the Patient: All states allow Defendants to point the finger at the patient, and ask that a jury reduce a damages award due to negligent conduct of the patient.  The most common allegations of patient negligence are failing to provide an adequate history, failing to follow up with a doctor, medication non-compliance, and failing to timely get to a hospital once symptoms begin.
• Statute of Limitations Expired: Defendants may argue that the claim was not filed within the legal time limit.

Understanding these potential defenses can help plaintiffs and their attorneys build stronger cases to counter these common arguments. With the right medical negligence legal help, you can prepare for these defenses and strategize how to navigate such obstacles a defense can throw at you. A surgical error lawyer can be vital in fighting against these common tactics.