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What Does a Medical Malpractice Attorney Do?

A medical malpractice attorney will take you through the process of a lawsuit or settlement deal if you have been injured or disabled due to negligence on the part of your doctor. If you are a doctor being accused of this negligence, a malpractice attorney can defend you.

How Do I Know If I Need a Medical Malpractice Attorney?

You may need a medical malpractice attorney if you've:
  • Caught an infection in the hospital or doctor's office
  • Been injured in surgery
  • Had a doctor fail to diagnose an injury or disease
  • Had anesthesia applied wrong
  • Been given the wrong prescriptions
  • Not been informed of possible risks or consequences
These are some of the most common reasons for a medical malpractice case, although they aren't the only negligent actions that could lead to one. If you're not sure whether your case constitutes malpractice, consulting with an attorney can clear it up for you.

How Much Does a Medical Malpractice Attorney Cost?

Not all lawyers use the same billing methods, but many medical malpractice lawyers charge on a contingency basis. This means that you won't have to pay anything up front but your lawyer will take a percentage if you win your case. Some lawyers that charge contingency use a sliding scale based on the amount you're suing for, while others use a the same percentage for every case. Generally, 33% is the highest cut an attorney is allowed to take. Be sure to establish the billing system up front so that you don't face any surprises.

What Should I Expect from Working with a Medical Malpractice Attorney?

If you can prove that your healthcare professional is at fault for the injury you sustained, you'll be compensated for medical bills and lost wages. This can either be done in court by a judge or settled out of court through negotiations between lawyers. If the negotiations go to court, the proceedings will be much lengthier. A medical malpractice attorney should have the experience on how to proceed with a case, putting you in the best position to win your case.

Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.


Written and Reviewed by Experts
Written and Reviewed by Experts
This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

  • This article was written and reviewed by Rocket Lawyer editorial staff
  • This article was last reviewed or updated on Sep 23, 2022

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