Health Care law

What Does A Medical Malpractice Lawyer Do And When You Need Them?

29 August, 2023


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Reports show that errors in medical treatment are the third most common cause of death in the United States currently. We think we are in safe hands while being treated by doctors and nurses. Unfortunately, this is not the same case every time. 

In this article, we will provide you with the job roles performed by a medical malpractice lawyer and situations that would allow you to hire one. 

What Is Medical Malpractice?

Generally, medical malpractice is any doctor or nurse. Moreover, a successful medical malpractice lawsuit will require more evidence than the information that a doctor or nurse has committed a mistake. 

For your lawsuit to be successful, there are two requirements you should know. The first is you must have a genuine illness or injury. And the second is the condition must have arisen or become worse because of negligent medical treatment. 

This means you will not be able to sue for medical malpractice unless you are actually suffering from any kind of injury or illness. On the other hand, if you are lucky enough to escape negligent medical treatment unharmed, you will not be able to sue your doctors or nurse. 

The legal concept of causation is highly observed within medical malpractice. You are required to prove clearly that your condition has not arisen that is not related to the practice. 

Who Is A Medical Malpractice Lawyer?

A medical malpractice lawyer, also known as a medical malpractice attorney, is a personal injury lawyer known to specialize in cases that involve improper or harmful medical care. 

They are known to represent clients who have been the victim of negligent care that leads to lawsuits against healthcare professionals, hospitals, or other medical institutions or insurance firms. 

Qualities For Lawyers Of Medical Malpractice

Medical malpractice lawyers tend to deal with complex lawsuits, which requires them to have an appropriate level of expertise to represent their clients. A good medical malpractice attorney is generally known to have the following qualities and experiences:

Medical malpractice lawsuits tend to include many unique legal issues that take approximately 3-5 years to resolve. A good lawyer for medical malpractice will understand all issues and prepare a case for trial within all stages of the case. Along with knowing the steps of moving the case forward. 

Medical Expertise 

Having an understanding of the medical profession is a vital quality for a medical malpractice lawyer. Such attorneys will be able to look at the potential client’s case and establish the rule that has been violated or ways that have led to the injury. 

The medical malpractice lawyer will also be required to have a better understanding of the practice of medicine to have a better idea regarding the errors that doctors or nurses can perform. This is because medical malpractice lawsuits require evidence from both sides, having testimony and evidence from medical experts. 


Medical malpractice lawsuits are complex compared to other lawsuits. While choosing a lawyer or law firm, make sure they have appropriate years of experience in handling medical malpractice cases. 

The best kind of lawyers for medical malpractice will be the ones who are willing to take your case to trial. 

Circumstances that require a medical malpractice lawyer

If you have suffered an injury or illness primarily to the negligent treatment of a healthcare professional, you are entitled to pursue a medical practice case. 

There are a few different circumstances in which a medical malpractice lawyer is required to resolvent the case. They are as follows:

  • Failure To Make An Accurate Diagnosis 

This is one of the most common reasons behind filing a medical malpractice lawsuit. If your doctor has failed to make an accurate diagnosis of your illness at the right time, it can lead to exposure to unnecessary risk. 

This is especially applicable to chronic diseases like cancer, which can be treated with early diagnosis. Additionally, you must make sure that the issue of causation will be relevant here. 

  • Inappropriate Usage Of Anesthetic 

Anesthesia is an essential part of any major surgery. If your doctors have administered the wrong amount of anesthetic during the surgery, you can end up semi-conscious during the process. 

  • Dental Malpractice 

Mistakes by a dentist also come under the remittance of medical malpractice. While a dental issue might not be life-threatening, improper dental processes can have severe consequences in terms of pain and aesthetics. 

  • Surgical Errors 

Mistakes by a surgeon during a process are generally common. Patients tend to come out of surgery with pieces of equipment left under their skin, or the surgery has been performed in the incorrect part of the body. 

  • Prescription Issues

Errors around the prescription of medication can lead to a variety of issues. Liability might be attached to several individuals that include the pharmacist who is selling the medicine. 

  • Childbirth Issues 

Childbirth can be a tricky process from a medical perspective. If the midwife or doctor makes a bad slip during a difficult birth, it can lead to a major health complication for both the child and the mother. 

Cost Of Hiring A Medical Malpractice Lawyer

If you have faced a personal injury case related to medical malpractice, then you will be required to hire an experienced medical malpractice attorney to resolve the case. 

But you might be wondering about the cost of hiring a medical malpractice lawyer. Worry not; in many circumstances, medical malpractice lawyers charge 33% as their contingency fees. 

This means if you have received $100,000 in compensation, then your attorney will be keeping $33,000 of that amount. 

Medical malpractice contingency fees tend to rise upto 40% if the case goes to court or is a complex case. 

On the other hand, medical malpractice lawyers tend to charge approximately $50 per hour to several thousand depending on the experience and practice region of the lawyer. 

Final Thoughts 

Now you have a fair idea regarding the practices of a medical malpractice lawyer. They are there to assist you in cases where your existing illness or injury has worsened due to the negligent treatment of a healthcare professional

Make sure to hire an effective personal injury lawyer specializing in medical malpractice to acquire your deserved compensation due to negligence from healthcare professionals. 

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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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