Expertise.com

Best Medical Malpractice Lawyers in Kansas City

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Medical Malpractice Lawyers FAQs

Learn more
Bill Kenney Law Firm, LLC logo
Visit WebsiteWebsite

Bill Kenney Law Firm, LLC

1100 Main St #1800, Kansas City, MO 64105
Visit WebsiteWebsite
  • Wrongful Death

Business Description

Bill Kenney Law Firm, LLC, caters to the needs of clients in Kansas City. The firm handles personal injury and medical malpractice cases. Bill Kenney pursues fair compensation for each plaintiff's economic and non-economic damages. He also litigates wrongful death claims for families who have lost a loved one due to medical negligence. Kenney has 10 years of legal experience. Through verdicts and settlements, he has recovered millions of dollars in compensation for his clients. He also assists clients with traffic tickets, class actions, and telemarketing violations.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (7)
Google
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Chionuma Law Firm, LLC logo
Visit WebsiteWebsite

Chionuma Law Firm, LLC

3100 Broadway Blvd. #602, Kansas City, MO 64111
Visit WebsiteWebsite
  • Wrongful Death

Business Description

Chionuma Law Firm, LLC, provides representation and advice to clients in Kansas City and nearby areas. It handles personal injury cases that involve medical malpractice of doctors, therapists, nurses, and hospitals, seeking to recover compensation for victims. The firm also assists clients with injuries incurred from dog bites, truck accidents, DUIs, and defective products. Chionuma Law Firm is headed by Chuck Chionuma, who has been practicing law for over 30 years and has served individuals and international companies.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Facebook
4.5 / 5 (17)
Google
4.3 / 5 (16)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Cullan & Cullan logo
Visit WebsiteWebsite

Cullan & Cullan

4900 Main St #310, Kansas City, MO 64112
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

With an office in Kansas City, Cullan & Cullan is a law firm that represents clients across the local metro. It handles medical malpractice cases, including birth injuries. The firm works to obtain compensation for clients to cover costs like lost wages. It deals with other personal injury cases involving motor vehicle accidents. Pat Cullan, one of the firm's namesakes, is a member of the invitation-only organization Inner Circle of Advocates. He is also a doctor and received training in obstetrics from the Waterford Regional Hospital.

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Cullan & Cullan logo
Visit WebsiteWebsite

Cullan & Cullan

4900 Main St. #310, Kansas City, MO 64112
Visit WebsiteWebsite
  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

For over three decades, the law firm Cullan & Cullan has been representing clients in Kansas City. It offers legal assistance to victims of medical malpractice and has experience with issues like birth injuries and misdiagnosis. The firm litigates at-fault medical professionals like nurses, doctors, and therapists. It also takes on various personal injury cases involving premises liability. Joe Cullan, one of the firm's attorneys, is a doctor with training in gynecology. He is a member of the invitation-only organization Inner Circle of Advocates.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.7 / 5 (52)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
Denning Law Firm, LLC logo
Visit WebsiteWebsite

Denning Law Firm, LLC

8900 Indian Creek Parkway, Suite 210, Overland Park, KS 66210
Visit WebsiteWebsite
  • Birth Injuries
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Denning Law Firm, LLC is a Kansas City-based legal practice offering representation for clients who suffered injuries due to medical malpractice. It handles cases involving surgical, medication, and anesthesia errors, misdiagnosis, and birth injuries. The firm assists victims in obtaining economic damages and non-economic losses. Firm principal William Denning served as a former insurance defense attorney, using this experience and knowledge in countering the opposing party's tactics. Paeten Denning, firm partner, is a member of the Association for Women Lawyers of Greater Kansas City.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Devkota Law Firm logo
Visit WebsiteWebsite

Devkota Law Firm

4010 Washington Street, Suite 350, Kansas City, MO 64111
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

Kansas City-based Devkota Law Firm LLC handles is a multi-state practice serving clients throughout the state. It handles personal injury cases, including those resulting from medical malpractice or pharmaceutical negligence. The firm has been providing legal services for over two decades. In addition, clients can demand the assistance of a private investigatory team, a forensics team, and medical experts who provide professional opinions. The firm offers legal services via telephone, virtual meetings, and in-office consultations. It can provide its services in Spanish.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (262)
Avvo
4.5 / 5 (17)
Facebook
4.8 / 5 (16)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Dougherty & Holloway logo
Visit WebsiteWebsite

Dougherty & Holloway

9 Westowne Dr Ste B, Liberty, MO 64068
Visit WebsiteWebsite
  • Wrongful Death

Business Description

Dougherty & Holloway is a team of personal injury lawyers serving the Kansas City community. They take on medical malpractice cases involving professional errors, disease or problem misdiagnoses, and prescription mistakes. The lawyers evaluate case information and pursue injury claims to help victims obtain fair compensation for their legal damages. One of the firm's experts, Ed Dougherty, has been a trial lawyer for over 38 years and is a member of the Association of Interstate Trucking Lawyers of America.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (24)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Foster Wallace, LLC logo
Visit WebsiteWebsite

Foster Wallace, LLC

1501 Westport Rd, Kansas City, MO 64111
Visit WebsiteWebsite

Business Description

Foster Wallace LLC is based in Kansas City. The law firm serves clients in medical malpractice cases involving lack of informed consent, surgical errors, hospital negligence, and medication errors. It also covers wrongful death and nursing home neglect. Other areas of practice include civil rights and business law. The firm's attorneys are members of the Kansas Bar Association, and Michael Foster was awarded the Legal Champion Award from Missouri Lawyers Weekly.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (92)
Facebook
5.0 / 5 (4)
Avvo
5.0 / 5 (3)

(+2 additional sources)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Kendall Law Group LLC logo
Visit WebsiteWebsite

Kendall Law Group LLC

117 W 20th St Ste 201, Kansas City, MO 64108
Visit WebsiteWebsite
  • Medical Malpractice
  • Personal Injury

Business Description

Kendall Law Group LLC serves clients in Kansas City who sustained personal injury from circumstances such as medical malpractice and nursing home neglect. Its attorneys help clients file claims complaining of issues ranging from improper diagnoses to surgical errors. They litigate these cases so that clients can receive the legal compensation due to them. Founder Brad Kendall has been practicing law for over 20 years. The Multi-Million Dollar Advocate Forum extended an offer of membership to him for resolving cases with settlements upwards of $1,000,000.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (58)
Avvo
5.0 / 5 (6)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Law Office of R. Brent Hankins P.C. logo
Visit WebsiteWebsite

Law Office of R. Brent Hankins P.C.

117 W 20th Street, Suite 201, Kansas City, MO 64108
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

The Law Office of R. Brent Hankins P.C. provides legal counsel from its Kansas City location. Its practice areas include personal injury, which covers medical malpractice. Depending on the case, the firm may pursue criminal or civil charges to hold negligent medical providers accountable. In addition, it represents clients injured in bicycle accidents and slip-and-fall incidents. The company is led by R. Brent Hankins, who was admitted to the bar in 1994. He is affiliated with the Association of Trial Lawyers of America.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (12)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
M. Blake Heath, Trial Attorney LLC logo
Visit WebsiteWebsite

M. Blake Heath, Trial Attorney LLC

917 W 43rd St, Kansas City, MO 64111
Visit WebsiteWebsite

Business Description

M. Blake Heath Trial Attorney LLC is based in Kansas City. The law firm handles medical malpractice cases due to catastrophic injuries, surgical errors, hospital negligence, failure to diagnose, doctor negligence, recklessness, and lack of informed consent. It also covers wrongful death claims as well as motor vehicle accidents. Attorney Heath, recognized by medical malpractice lawyers in Kansas City, has been included as a Rising Star by Super Lawyers, and he was praised by Missouri Lawyers Weekly as an Up & Coming Lawyer.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Mayer & Associates, P.C. logo
Visit WebsiteWebsite

Mayer & Associates, P.C.

9229 Ward Parkway, Suite 260, Kansas City, MO 64114
Visit WebsiteWebsite
  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Mayer & Associates, P.C. is a Kansas City law firm helping victims of medical malpractice, motor vehicle accidents, defective products, nursing home negligence, and wrongful death for over 25 years. Its legal team investigates each case to secure the compensation its clients deserve. Claims can arise from inappropriate treatment, misdiagnosis, prescription errors, or surgical mistakes. Stephen C. Mayer has been practicing law since 1996 and is also a member of the Kansas Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (21)
Facebook
5.0 / 5 (5)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
Mirfasihi Law Offices logo
Visit WebsiteWebsite

Mirfasihi Law Offices

327 Armour Rd, North Kansas City, MO 64116
Visit WebsiteWebsite
  • Misdiagnosis of Illness

Business Description

The Mirfasihi Law Offices addresses the legal concerns of citizens in Kansas City and the surrounding communities. Its attorneys offer advice and representation to people who sustained injuries and harm due to medical malpractice. They also prosecute personal injury and wrongful death cases related to animal bites, car wrecks, and truck collisions. In addition, the legal team handles workers' compensation and insurance bad faith claims. Mav Mirfasihi, a lawyer at the firm, is licensed to practice before the United States Supreme Court.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (25)
Avvo
5.0 / 5 (2)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Plaza Injury Law logo
Visit WebsiteWebsite

Plaza Injury Law

420 Nichols Road, Second Floor, Kansas City, MO 64112
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

Plaza Injury Law represents personal injury clients in Kansas City and the surrounding areas. It deals with medical malpractice cases, such as misdiagnoses, surgical errors, birth injuries, and wrongful deaths. The firm also handles bodily injury and emotional distress claims in areas, including car, workplace, and catastrophic injury accidents. Its principal lawyer, Donovan B. Dodrill, has more than two decades of experience in handling personal injury cases. He applies personalized attention to every claim by directly speaking with clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
FindLaw
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Smith Mohlman Injury Law, LLC logo
Visit WebsiteWebsite

Smith Mohlman Injury Law, LLC

701 E 63rd St Ste 300, Kansas City, MO 64110
Visit WebsiteWebsite

Business Description

Smith Mohlman Injury Law LLC provides representation for specific medical negligence claims throughout the Kansas City area. Practicing since 1998, partner Michael Mohlman and his legal team of medical malpractice attorneys in Kansas City concentrate on representing families of the aged and intellectually disabled who suspect negligence or abuse towards residents of nursing homes or other long-term care facilities. The firm handles medical malpractice cases involving malnutrition, cuts and scars, broken bones, dehydration, and aggression. It seeks compensation for injuries through negotiated settlements and favorable court judgments.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.9 / 5 (41)
Facebook
5.0 / 5 (17)
Yelp
1.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Gorny Law Firm, LC logo
Visit WebsiteWebsite

The Gorny Law Firm, LC

4330 Belleview Avenue, Suite 200, Kansas City, MO 64111
Visit WebsiteWebsite

Business Description

The Gorny Law Firm, LC, caters to clients in Kansas City and the surrounding areas. It guides and represents individuals who have been injured due to the negligence of healthcare providers. It also deals with other personal injury cases, such as car and truck accidents, nursing home negligence, premises liability, and wrongful death. Steve Gorny, one of the firm's attorneys, is a member of various professional organizations, including the American Association for Justice, the Multi-Million Dollar Advocates Forum, and the Trial Lawyers for Public Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (22)
Avvo
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Goss Law Firm, P.C. logo
Visit WebsiteWebsite

The Goss Law Firm, P.C.

1501 Westport Road, Kansas City, MO 64111
Visit WebsiteWebsite
  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Medical Practices

Business Description

The Goss Law Firm, P.C., offers legal representation to victims of medical error in the Kansas City area. It handles a wide range of medical malpractice claims such as surgical mistakes, hospital negligence, birth injuries, misdiagnosis, and birth trauma. Its professionals take the time to listen to clients' stories, confer with medical experts to investigate their cases, and explain to them their available options. The Goss Law Firm's other areas of practice include insurance disputes, motor vehicle accidents, and workplace accidents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
5.0 / 5 (92)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The McCallister Law Firm logo
Visit WebsiteWebsite

The McCallister Law Firm

917 W. 43rd St., Kansas City, MO 64111
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

The McCallister Law Firm serves Kansas City, practicing in areas such as automobile accidents and defects, industrial equipment accidents, catastrophic injuries, wrongful death, and medical malpractice. Its lawyers handle cases involving failure to diagnose and medication errors, recovery for injuries from malpractice, and nursing home abuse. Its founder, Brian McCallister, established the law office in 1996 focused on catastrophic injury and death resulting from vehicular crashes, dangerous products, and police misconduct.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (23)
Avvo
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Townsend Law LLC logo
Visit WebsiteWebsite

Townsend Law LLC

1517 Oak Street, Kansas City, MO 64108
Visit WebsiteWebsite
  • Surgical Mistakes
  • Medical Malpractice

Business Description

Townsend Law LLC offers legal assistance to individuals in a range of personal injury matters. Serving the Kansas City metro, the firm caters to injured clients dealing with medical malpractice cases. It helps victims file lawsuits against negligent optometrists, dentists, nurses, and pharmacists for medication and surgical errors and misdiagnosis. It also deals with nursing home negligence and wrongful death claims. Founder Michael Townsend was recognized with The National Trial Lawyers Top 40 Under 40 Award in 2018.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (27)
Yelp
1.0 / 5 (1)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Woods Law KC logo
Visit WebsiteWebsite

Woods Law KC

3500 NE Ralph Powell Rd Ste A, Lee's Summit, MO 64086
Visit WebsiteWebsite
  • Medical Malpractice

Business Description

Woods Law KC handles medical malpractice cases in Kansas City and the surrounding communities. It helps clients seek justice and recover compensation for their injuries caused by medical professionals' wrongful actions and misconduct. With over three decades of experience in the legal field, the law firm handles limited cases each year to provide individualized attention to its clients. The attorney, Aaron Woods, has represented clients against Liberty Mutual Insurance and General Motors. He is admitted to practice law in Missouri.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (182)
Facebook
4.5 / 5 (57)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Yonke Law LLC logo
Visit WebsiteWebsite

Yonke Law LLC

4310 Madison Avenue, Kansas City, MO 64111
Visit WebsiteWebsite

Business Description

Yonke Law LLC is a personal injury law firm representing clients throughout Kansas City who have suffered illness and injuries due to other parties' negligence. Founder Michael T. Yonke fights for justice on behalf of clients harmed by health care mistakes, including dangerous drugs, surgical errors, and birth injuries. He files lawsuits to obtain financial compensation for clients' pain and suffering due to nursing home negligence and wrongful death. Mr. Yonke is a member of the American Association of Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
––
Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

Read all FAQs