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Best Medical Malpractice Lawyers in Albuquerque

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Aaron Garrett Law logo
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Aaron Garrett Law

6739 Academy Rd NE Ste 350, Albuquerque, NM 87109
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Business Description

Aaron Garrett Law offers assistance to those who have been affected by medical malpractice in Albuquerque. The firm takes cases involving misdiagnosis or failure to diagnose, anesthesia or medication errors, surgical errors, and negligence that affects pregnancy. Garrett, who received his law degree from the University of New Mexico, worked at one of the largest insurance defense practices in the state, which provided him with a unique knowledge of both sides of medical malpractice law.

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
Google
4.4 / 5 (13)

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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
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Atkins & Walker Law logo
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Atkins & Walker Law

127 Bryn Mawr Dr. SE, Albuquerque, NM 87106
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  • Nursing Home Neglect

Business Description

Atkins & Walker Law is a personal injury law firm in Albuquerque. It offers legal representation in the area of medical malpractice, which covers failures to treat and properly diagnose, emergency department errors, failures to monitor, and wrong-site surgeries. Sam Walker, one of the attorneys at Atkins & Walker, is responsible for representing clients in medical malpractice cases, as well as in premises liability and car collision suits. He worked as the managing editor of the Natural Resources Journal while attending law school in New Mexico.

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
4.9 / 5 (30)
Facebook
5.0 / 5 (4)
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
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Barudin Law Firm logo
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Barudin Law Firm

7900 Menaul Blvd NE, Albuquerque, NM 87110
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Business Description

For more than 35 years, Barudin Law Firm has provided medical negligence lawyers in Albuquerque and its surrounding areas. The solo practitioner law firm defends injured individuals in claims against health care professionals. The firm handles cases involving surgical errors, failure-to-treat, birth negligence, misdiagnosis, and failure-to-diagnose cases. Founding attorney Ted Barudin, who is a member of the Hopi Trial Courts, serves as the Window Rock Commissioner for the Navajo Nation 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.
5.0
Google
5.0 / 5 (1)
Facebook
5.0 / 5 (1)
Bruce Mcdonald Law logo
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Bruce Mcdonald Law

211 Twelfth Street NW, Albuquerque, NM 87102
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  • Wrongful Death

Business Description

The Law Office of Bruce S. McDonald, LLC, offers services to individuals and families in the Albuquerque metro. It provides legal consultation and representation to clients dealing with medical malpractice and wrongful death cases. The firm also offers services to individuals involved in auto and motorcycle accidents. It has represented clients across New Mexico in both state and federal courts. One of the firm's lawyers, Bruce McDonald, is a member of the National Academy of Distinguished Neutrals and 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.
5.0
Google
5.0 / 5 (6)
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.
4.0
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Curtis & Co logo
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Curtis & Co

215 Central Avenue NW, Suite 300, Albuquerque, NM 87102
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  • Misdiagnosis of Illness
  • Birth Injuries

Business Description

Curtis & Co is a law firm focusing on medical malpractice cases. It represents Albuquerque-based individuals and families filling settlements and lawsuits for misdiagnosis, childbirth injuries, surgery and emergency room errors, death, and negligence. Before accepting a case, it secures medical records and investigates diagnoses and timelines of treatment. This process helps ascertain the validity of matters. Lisa K. Curtis, a founding partner, was among the inductees to the Roehl Circle of Honor for Trial Lawyers in 2021.

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.
4.2
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.
4.0
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David C. Chavez logo
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David C. Chavez

651 Highway 314 SW, Los Lunas, NM 87031
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Business Description

For more than 30 years, The Law Firm of David C. Chavez LLC has provided medical malpractice legal services to Los Lunas and the Albuquerque area. The boutique attorney firm represents plaintiffs suing licensed medical professionals for medical negligence arising from medication, diagnostic, and surgical errors. It also handles birth and brain injury cases. Founder Chavez is a member of the New Mexico Trial Lawyers Association and the New Mexico 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.
4.8
Google
4.8 / 5 (89)
Facebook
5.0 / 5 (7)
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
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Davis Kelin New Mexico Trial Law Firm logo
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Davis Kelin New Mexico Trial Law Firm

127 Bryn Mawr Dr SE, Albuquerque, NM 87106
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  • Wrongful Death

Business Description

Davis Kelin New Mexico Trial Law Firm serves victims of medical malpractice in the Albuquerque metro. It provides legal representation to clients seeking justice after suffering damages due to the negligence of doctors, physicians, nurses, and other medical practitioners. It collaborates with experts who can testify that the medical provider fell below the standard of care. It helps clients prove causation and damages, whether in the form of agony, lost wages, medical bills, mental suffering, or death.

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
4.5 / 5 (44)
Yelp
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
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Keller & Keller Albuquerque logo
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Keller & Keller Albuquerque

505 Marquette Ave NW #1300, Albuquerque, NM 87102
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  • Wrongful Death

Business Description

Since 1936, Keller & Keller Albuquerque has been providing legal advice and representation to clients in the metro and the surrounding communities. It assists individuals and families who have been injured due to the healthcare providers' misconduct or wrongdoing. The types of cases it handles include failure to diagnose or warn a patient of known risks and surgical errors. James R. Keller, a partner, is an American Association for Justice and Indiana Trial Lawyers Association member.

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
Google
4.7 / 5 (420)
Facebook
4.8 / 5 (188)
FindLaw
5.0 / 5 (8)

(+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
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Law Offices of Salazar, Sullivan & Jasionowski logo
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Law Offices of Salazar, Sullivan & Jasionowski

100 Gold Avenue SW, Suite 201, Albuquerque, NM 87102
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  • Surgical Mistakes

Business Description

The Law Offices of Salazar, Sullivan & Jasionowski focuses on representing injured individuals and their families throughout the Albuquerque metro. The firm handles injury cases and wrongful death claims caused by the different types of medical malpractice, such as surgical errors, delayed diagnosis, pregnancy complications, and nursing malpractice. Its team of attorneys fights for victims' rights against negligent medical professionals and helps them obtain compensation for their losses and damages. The firm's co-founder, Tammy M. Jasionowski, is a board-certified physician in Anatomic Pathology and Clinical Pathology.

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 (3)
Google
5.0 / 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.
4.0
Responsiveness
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Detail
––
Marshall Law, P.C. logo
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Marshall Law, P.C.

509 Roma Ave NW, Albuquerque, NM 87102
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  • Surgical Mistakes
  • Misdiagnosis of Illness

Business Description

Marshall Law, P.C., offers legal services to residents of Albuquerque and the surrounding metros. It fights for plaintiffs' rights in personal injury, medical malpractice, and wrongful death cases. The firm's founder and attorney, Stephen R. Marshall, helps victims of healthcare negligence, including surgery errors, misdiagnosis and delayed diagnosis, wrong medication, and overdosing. He represents the injured and their families in proceedings to recover compensation for their losses. Marshall is a member of the New Mexico Trial Lawyers 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.
5.0
Google
5.0 / 5 (11)
FindLaw
5.0 / 5 (4)
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
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Martinez Hart Sanchez Romero logo
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Martinez Hart Sanchez Romero

1801 Rio Grande Blvd NW Suite A, Albuquerque, NM 87104
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  • Wrongful Death
  • Nursing Home Neglect

Business Description

Martinez Hart Sanchez Romero is a personal injury law firm that provides representation to victims of medical malpractice in the Albuquerque metro. Its team of lawyers helps clients in holding negligent healthcare practitioners accountable. They guide them through the legal process in obtaining compensation for their loss. The firm handles other injury cases, including car accidents, pedestrian accidents, elder abuse, dog bites, and sexual harassment. It has been in practice for more than three decades.

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 (25)
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
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Detail
Parnall & Adams Law logo
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Parnall & Adams Law

2116 Vista Oeste NW Suite 403, Albuquerque, NM 87120
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  • Wrongful Death
  • Nursing Home Neglect

Business Description

Parnall & Adams Law handles medical malpractice suits for clients in Albuquerque. The firm represents individuals who have been hurt or wrongfully killed in childbirth and clinical procedures. The team obtains pre-litigation settlements and favorable court decisions against erring doctors and medical staff. It also tackles civil rights suits such as healthcare access interference and hate crimes. Lawyer Jason Yamato worked as a prosecutor in Bernalillo County until he shifted his focus to personal injury cases.

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 (53)
Facebook
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
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Ron Bell logo
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Ron Bell

7309 Indian School Rd NE, Albuquerque, NM 87110
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  • Nursing Home Neglect

Business Description

Ron Bell is a personal injury attorney that caters to the legal needs of clients in Albuquerque. He offers representation to victims of nursing home abuse, defective medical devices, and bad drugs. In addition, he handles cases in a range of practice areas, including car, truck, and motorcycle accidents. Ron assists individuals in recovering compensation for damages, like physical therapy and rehabilitation costs, ambulance fees, and ER treatments. He has over 35 years of legal experience.

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
4.9 / 5 (379)
Facebook
4.5 / 5 (80)
Yelp
1.0 / 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
The Law Office of Brian K. Branch logo
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The Law Office of Brian K. Branch

715 Marquette Ave. NW, Albuquerque, NM 87102
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  • Wrongful Death

Business Description

The Law Office of Brian K. Branch is a firm based in Albuquerque that serves clients in and around the local metro. The firm provides legal assistance for individuals who are affected by medical malpractices, such as blood clots, hospital trips and falls, and bedsores. Trial lawyer Brian K. Branch has earned a multimillion-dollar jury verdict for his client, who suffered a serious injury from the defendant's negligence and reckless conduct. The firm's legal team brings over three decades of combined experience.

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 (10)
Facebook
3.7 / 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
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Helpfulness
Detail
The Salazar Law Firm, P.A. Attorney and Counselor at Law logo
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The Salazar Law Firm, P.A. Attorney and Counselor at Law

201 Third St., N.W., Suite 500,, Albuquerque, NM 87102
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  • Misdiagnosis of Illness

Business Description

The Salazar Law Firm, P.A., Attorney and Counselor at Law, is a veteran-owned company located in Albuquerque. It helps people who suffered injuries resulting from medical malpractice and car crashes obtain compensation for their pain and suffering, diminished earning capacity, hospital expenses, and rehabilitation costs. It also assists the families of individuals who wrongfully died due to someone else's negligence. The firm's attorney, Jacob Salazar, has been fighting for the rights of personal injury victims for almost a decade.

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
Facebook
5.0 / 5 (10)
Google
4.5 / 5 (8)

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
Valle, O’Cleireachain, Zamora & Harris logo
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Valle, O’Cleireachain, Zamora & Harris

1805 Rio Grande Blvd NW Suite 2, Albuquerque, NM 87104
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  • Wrongful Death

Business Description

Valle, O’Cleireachain, Zamora & Harris offers legal representation to victims of medical malpractice in Albuquerque. It takes on cases involving healthcare practitioners whose carelessness or inability to provide medical care or treatment have caused clients to suffer injuries, disabilities, or birth defects. It also handles cases of nursing home abuse, whether there has been financial exploitation or physical and psychological losses arising from negligence. Its four attorneys all handle medical malpractice cases, including a partner who draws from his surgical experience in representing injured plaintiffs.

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
Google
4.4 / 5 (25)
Facebook
4.1 / 5 (7)
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.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Vigil Law Firm, P.A. logo
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Vigil Law Firm, P.A.

2014 Central Ave SW, Albuquerque, NM 87104
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  • Wrongful Death
  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Vigil Law Firm, P.A., has been serving Albuquerque for over four decades. The firm, which focuses on personal injury law, takes on medical malpractice cases stemming from failure to diagnose or treat fatal conditions, surgical errors, anesthetic mismanagement, and negligent pediatric care. It has won multi-million-dollar verdicts and settlements on behalf of medical malpractice victims. Jacob Vigil, its namesake, has handled more than 100 jury trials, including cases that gained national media coverage. He chooses a small number of cases to deliver quality representation.

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 (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.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Will Ferguson & Associates Attorneys at Law logo
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Will Ferguson & Associates Attorneys at Law

1720 Louisiana Blvd NE #100, Albuquerque, NM 87110
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  • Wrongful Death

Business Description

Will Ferguson & Associates Attorneys at Law serves clients in the Albuquerque area. It seeks justice and compensation for people who have suffered injuries or losses due to medical malpractice. Its attorneys assist victims and their families in filing claims against the perpetrator and the facility where the injury transpired. The firm formed TrialMetrics, a focus group for mock trials where its lawyers practice how to deliver and present cases in court before the actual setting, as part of its dedication to winning the cases it handles.

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
4.5 / 5 (48)
Facebook
5.0 / 5 (9)
Avvo
3.0 / 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.
4.0
Responsiveness
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Detail
––
William J. Cooley, Personal Injury Attorney logo
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William J. Cooley, Personal Injury Attorney

1412 Lomas Blvd NW, Albuquerque, NM 87104
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Business Description

William J. Cooley, Personal Injury Attorney is a civil litigation lawyer that provides the residents of Albuquerque, New Mexico, with legal representation. He takes cases involving medical and nursing home malpractice, brain and spinal cord injuries, car accidents, and wrongful death. The attorney negotiates with insurance companies on behalf of his clients to recover fair compensation for medical expenses, funeral costs, loss of earning potential, and loss of enjoyment of life.

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 (19)
Yelp
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
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.

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