Medical Malpractice Attorney Overview

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider's negligence causes harm to a patient. To have a valid claim, you must prove:

1. Doctor-patient relationship existed
2. Doctor was negligent (breached standard of care)
3. Negligence caused injury
4. Injury caused damages

Common Types of Medical Malpractice

Surgical Errors

• Wrong site surgery
• Wrong patient
• Foreign objects left inside
• Anesthesia errors
• Surgical technique errors
• Post-operative infections

Misdiagnosis or Delayed Diagnosis

• Cancer missed
• Heart attack misdiagnosed
• Stroke misdiagnosed
• Wrong diagnosis given
• Failure to order tests

Medication Errors

• Wrong medication
• Wrong dosage
• Drug interactions
• Failure to check allergies
• Pharmacy errors

Birth Injuries

• Cerebral palsy
• Erb's palsy
• Brachial plexus injuries
• Brain damage
• Stillbirth
• Maternal injuries

Hospital Errors

• HAIs (hospital-acquired infections)
• Falls
• Bedsores
• Failure to monitor
• Discharge errors
• Communication failures

Other Errors

• Failure to obtain consent
• Failure to refer
• Premature discharge
• Treatment errors
• Abandonment

What Compensation Can You Recover?

Type	Description
Medical expenses	Past and future treatment
Lost wages	Income lost from inability to work
Lost earning capacity	Future income losses
Pain and suffering	Physical and emotional distress
Loss of consortium	Impact on relationships
Wrongful death	If patient died

Average Settlement Amounts

Medical malpractice cases tend to be high value:

Severity	Range
Mild injuries	$50,000-$200,000
Moderate injuries	$200,000-$500,000
Severe injuries	$500,000-$2,000,000
Birth injuries	$1,000,000-$10,000,000+
Wrongful death	$500,000-$5,000,000+

How Much Does a Medical Malpractice Lawyer Cost?

Most work on contingency (33-40% of recovery). Medical malpractice cases are expensive to pursue:

• Expert witnesses
• Medical records review
• Investigation
• Trial preparation

Attorneys typically advance these costs.

Time Limits

Medical malpractice claims have strict deadlines (statute of limitations):

• Most states: 1-3 years from discovery
• Some states: Statute of repose (absolute deadline)
• Wrongful death: Often shorter
• Minors: May have extended time

Don't wait. Medical evidence can disappear and witnesses' memories fade.