Medical Malpractice Attorney FAQ
Last updated: April 10, 2026
Frequently Asked Questions
What is medical malpractice?
When a healthcare provider fails to meet the standard of care expected of similar professionals, causing patient harm.
What are the elements of a medical malpractice case?
You must prove:
- Doctor-patient relationship
- Doctor breached standard of care
- Breach caused injury
- Injury caused damages
How much does it cost to hire a medical malpractice lawyer?
Typically nothing upfront — most work on contingency (33-40% of recovery). Cases are expensive to pursue, with attorneys advancing costs.
How much can I recover?
Settlements vary widely:
- Mild injuries: $50,000-$200,000
- Moderate: $200,000-$500,000
- Severe: $500,000-$2,000,000
- Birth injuries: $1,000,000-$10,000,000+
- Wrongful death: $500,000-$5,000,000+
How long do I have to file?
| State Type | Deadline |
|---|---|
| Most states | 1-3 years from discovery |
| Some states | Statute of repose (absolute) |
| Minors | Often extended |
Do you need an expert witness?
Yes. Medical malpractice cases require expert testimony from a qualified physician. Most states require an "affidavit of merit" from a medical expert before filing.
How long does a medical malpractice case take?
Typically 2-4 years from filing to resolution.
Will my case go to trial?
Most cases (80-95%) settle without trial. Only complex or disputed cases go to trial.
What if my doctor was just rude or unprofessional?
Bedside manner alone isn't malpractice. There must be actual negligence causing harm.
What if I signed a consent form?
Consent forms acknowledge known risks, but don't protect from negligence. You consent to risks of treatment, not to negligent treatment.
Can I sue a hospital?
Yes, hospitals can be liable for:
- Direct hospital negligence
- Vicarious liability for employee actions
- System failures
- Inadequate staffing
- Equipment failures
What if my baby was injured during birth?
Yes, birth injuries are a major area of medical malpractice. These cases often have very high values due to lifetime care needs.
Will the doctor lose their license?
Possibly, but that's separate from your civil case. Your case seeks compensation, while licensing matters are handled by medical boards.
Are there caps on damages?
Some states cap damages:
- Non-economic damages caps (pain and suffering)
- Economic damages typically uncapped
- Punitive damages sometimes capped
Vary by state.
What's "informed consent"?
You have the right to:
- Be told about risks
- Understand alternatives
- Understand consequences
- Make informed decisions
Failure to obtain informed consent can be malpractice.
Should I keep seeing the same doctor?
Don't continue treatment with someone you suspect of malpractice. Get a second opinion from another physician.
What should I do right now?
- Get all medical records
- Document everything
- Consult with a medical malpractice attorney
- Don't talk to insurance companies
- Don't sign anything
How do I find a good medical malpractice attorney?
- Specialization in medical malpractice
- Trial experience
- Track record of success
- Resources for expert witnesses
- Free consultations
- Strong reviews
- Local court experience
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