All of Your Medical Malpractice Questions Answered

When you go to the doctor or hospital, you expect to be taken care of, not harmed, but medical professionals sometimes make serious errors that result in devastating consequences for patients. 

If you've suffered an injury due to a healthcare provider's mistake, you likely have many questions, and you may have the right to compensation.

At Morgan & Morgan, we’ve handled thousands of medical malpractice cases and fought for justice For the People.

Below, we tackle your most frequently asked questions about medical malpractice, including how lawsuits work, who can be held liable, and what kinds of injuries or conditions often lead to successful claims.

When you’re ready to discuss your case, contact us for a free, no-obligation case evaluation to learn more about your legal options.

What Is a Medical Malpractice Case?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical professional, fails to meet the standard of care expected in their field, resulting in injury or harm to a patient.

To file a successful medical malpractice claim, the following elements generally must be proven:

1. A doctor-patient relationship existed.
2. The provider owed you a duty of care.
3. They breached that duty through a negligent act or omission.
4. The breach caused you injury.
5. You suffered damages (financial, physical, or emotional) as a result.

Malpractice can occur in hospitals, private practices, outpatient facilities, nursing homes, and even via telehealth platforms.

Can I Sue a Hospital for Negligence?

Yes. You can sue a hospital if its negligence directly caused your injury or worsened your condition. Hospitals can be held liable for:

• Hiring unqualified staff
• Understaffing or failing to properly supervise employees
• Poor sanitation or infection control
• Emergency room errors
• Medication mix-ups
• Miscommunication between departments

Hospitals may also be vicariously liable for the actions of their employees, including nurses, technicians, and doctors who are staff members (as opposed to independent contractors).

Can I Sue a Doctor for Negligence?

Yes. Doctors can be sued personally if they fail to uphold the standard of care required in their specialty or medical setting. Some examples of doctor negligence include:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Prescribing the wrong medication or dosage
• Failing to act on lab results
• Ignoring patient history or symptoms

It’s important to understand that a poor outcome alone doesn’t necessarily mean malpractice occurred. A doctor must have deviated from what a competent provider would have done in the same circumstances.

Can You Sue for Elder Neglect?

Yes, you can sue for elder neglect, and in many cases, you should, especially when that neglect results in injury, emotional distress, or even death.

Elder neglect is a form of elder abuse where a caregiver, such as a nursing home, assisted living facility, home health aide, or even a family member, fails to provide the necessary care an elderly person needs to live safely and comfortably. Unlike intentional physical abuse, neglect is often passive, but its effects can be just as damaging.

Common types of neglect include:

• Failure to provide food, water, or medication
• Lack of hygiene or proper clothing
• Unclean or unsafe living conditions
• Ignoring medical needs or injuries
• Emotional or social isolation
• Bedsores (pressure ulcers) from not repositioning immobile patients
   

Any of the following may be held liable for elder neglect and/or abuse:

• Nursing homes
• Assisted living facilities
• Individual caregivers
• Home care agencies
• Medical providers or hospitals

In wrongful death cases, surviving family members may be able to sue on behalf of the deceased elder.

If your loved one is in a care facility or dependent on a caregiver, watch for these red flags:

• Sudden weight loss or dehydration
• Bedsores or untreated infections
• Dirty clothes or bedding
• Frequent falls or unexplained injuries
• Unusual fear or withdrawal from staff
• Unsanitary conditions
• Delayed medical treatment

At Morgan & Morgan, we have a dedicated team of elder abuse attorneys who specialize in nursing.

What Is the Average Settlement for a Medical Malpractice Lawsuit?

The value of a medical malpractice case varies widely based on the severity of the injury, the costs of medical care, lost income, pain and suffering, and long-term prognosis.

While each case is unique, average settlements typically range from $300,000 to over $1 million, with catastrophic injury cases sometimes settling for several million dollars. Jury verdicts in trial cases can be significantly higher, especially when lifelong disability or death is involved.

Keep in mind that some states impose damage caps on non-economic losses like pain and suffering and that settlements may be structured (paid over time) or lump sum.

Working with an experienced medical malpractice attorney can help you pursue the full compensation you deserve.

What Are the Most Common Medical Malpractice Claims?

Certain types of errors show up more frequently in malpractice cases. The most common claims include:

Misdiagnosis or Delayed Diagnosis

Failing to diagnose a condition (or diagnosing it too late) can prevent a patient from receiving timely treatment, worsening their condition.

Surgical Errors

Leaving tools inside the body, operating on the wrong body part, or performing unnecessary surgery are unfortunately more common than you’d think.

Medication Mistakes

Wrong drugs, incorrect dosages, harmful drug interactions, or allergies ignored, all fall under malpractice when they cause harm.

Birth Injuries

Errors during pregnancy, labor, or delivery can result in permanent harm to a child, such as cerebral palsy or Erb’s palsy.

Anesthesia Errors

Too much anesthesia, failure to monitor the patient, or failure to check for allergies can result in brain damage or death.

Failure to Treat

When a doctor diagnoses a condition but fails to offer appropriate treatment or follow-up care, that may be malpractice.

What Kind of Damages Can Be Recovered if I Do Have a Malpractice Case?

If you think a doctor has acted negligently and that their conduct has led to significant harm to your health, you could be compensated for the damages they have caused.

Some common damages you could receive reparations for in a medical negligence case include:

• Medical expenses for treating the injuries caused
• Pain & suffering
• Disfigurement and disability
• Lost wages and minimized ability to earn wages in the future
• Depression, anxiety, and mental distress 

Victims of malpractice experience physical, financial, and emotional repercussions to their life. Sometimes, when that life is depended on by a spouse or children, those consequences can affect them too. 

No one will fight harder for you than the legal team at Morgan & Morgan. Our team will accurately estimate the value of your case and fight for maximum compensation for you.

What Is "Informed Consent"?

Informed consent means a healthcare provider must inform a patient of the risks, benefits, and alternatives to any proposed treatment or procedure, and the patient must voluntarily agree.

If a doctor performs a procedure without obtaining proper consent or fails to disclose serious risks that could have influenced the patient's decision, that can be the basis for a malpractice claim.

Examples of failing to obtain informed consent:

• Performing surgery without discussing complications
• Not warning of serious side effects from medication
• Not offering less risky treatment options

Patients have the legal right to make informed decisions about their own health.

What Is Considered Cancer Damage?

Cancer damage in the context of medical malpractice usually refers to harm caused by a missed, delayed, or incorrect cancer diagnosis. When cancer isn’t detected in time, it can:

• Progress to a more advanced stage
• Require more aggressive treatment (e.g., chemotherapy, radiation, surgery)
• Lower the chance of survival
• Cause permanent disability or disfigurement
   

Malpractice-related cancer damage can also involve:

• Misreading lab results
• Ignoring symptoms or dismissing concerns
• Failing to order imaging tests or biopsies

If a timely diagnosis would have changed your treatment options or outcome, you may have a valid claim.

What Is a Certificate of Merit?

A Certificate of Merit is a legal document required in many states before you can proceed with a medical malpractice lawsuit. It confirms that a qualified medical expert has reviewed your case and believes that the care provided fell below the accepted standard, and that substandard care likely caused the patient’s injury.

This requirement helps weed out frivolous claims and ensures only legitimate cases proceed to court.

Each state has its own rules about:

• When the certificate must be filed
• Who can issue it
• What it must include

If your state requires one, your attorney will help you obtain and file it properly.

What Are Some Examples of Medical Malpractice Cases in 2025?

In the last two years, several high-profile and complex malpractice cases have made headlines. Here are a few examples:

The cases mentioned below are provided for illustrative purposes only. They are not intended to predict or guarantee similar outcomes in any future legal matters. Each case is unique and must be evaluated on its own merits.

New Mexico Record Verdict – $412 Million

In November 2024, a jury in Albuquerque, New Mexico, awarded a record‑breaking $412 million to a man treated at NuMale Medical Center. The plaintiff, who sought help for fatigue and weight loss in 2017, was misdiagnosed and subjected to unnecessary penile injections that caused irreversible damage. The jury found the clinic’s conduct both fraudulent and negligent, resulting in the largest medical malpractice payout in U.S. history.

Georgia Rural Jury – $47 Million Verdict

In August 2024, a rural Georgia jury returned a $47 million verdict against Union General Hospital and a physician, attributing liability (each ~45%) after negligence during a surgical procedure resulted in the amputation of the patient's arm and leg.

Illinois Medication Mismanagement – $41 Million

In May 2024, a Cook County jury awarded $41 million to a 72‑year‑old former attorney. Medical providers were found negligent in managing medication, which led to a stroke and a permanent disabling injury. This verdict was the largest of its kind in Illinois for someone over age 70.

York County, Pennsylvania – $23.87 Million Verdict

James Spangler received a $23.87 million verdict after spinal surgery at WellSpan York Hospital went disastrously wrong. A mispositioned screw penetrated his spinal cord, causing temporary paralysis and ongoing disabilities. The verdict tripled the county’s previous record.

California Hospital Dignity Health – Ongoing Lawsuits

In 2025, Dignity Health (CommonSpirit) in California is facing multiple lawsuits alleging gross negligence and mishandling of deceased patients. Families reported decomposed remains, misinformation, and organ‑harvesting allegations. Some cases have been settled, while others remain ongoing.

Recent Medical Malpractice Cases Morgan & Morgan Has Won

Here are just a few examples of various medical malpractice cases Morgan & Morgan have been involved in, and the compensation we have won for our clients:

• An obstetrician in Hillsborough County, Florida, failed to perform a C-section in a timely manner, resulting in serious injuries to the baby, and the family won a verdict of $38,750,000.
• The failure of a timely diagnosis or treatment of encephalitis resulted in a $28,500,000 verdict with the help of Morgan & Morgan’s medical malpractice lawyers in Tampa.
• A 26-week-old premature newborn endured a medication overdose in a hospital in Fort Myers, Florida. The family received a verdict of $19,200,000.
• A delayed diagnosis of a 40-year-old patient’s rectal cancer caused it to spread. This resulted in a permanent colostomy and the removal of part of her liver. The resulting verdict was $9,278,000.
• Our Orlando attorneys helped a family receive an $8.6 million settlement after medical professionals in Seminole County, Florida, failed to diagnose a 5-year-old girl with tuberculosis meningitis.
• After a claim that a doctor missed and failed to treat a woman’s heart disease, which led to a cardiac arrest and permanent vegetative state, our attorneys in Daytona Beach secured a $6,330,000 verdict.
• A botched procedure involving a large ethanol injection caused a child’s face and nose to deteriorate, requiring skin from his forehead and ear to repair it. Bryan Smith, a Memphis attorney, used visuals to demonstrate what should have happened and what went wrong, netting the family a $1.97 million verdict.

How Can I Find a Negligence Case Lawyer Near Me?

Finding a qualified medical malpractice attorney is important, to say the least. Medical malpractice victims want to look for someone with a proven track record of malpractice verdicts and settlements, access to medical experts and investigative resources, and experience navigating your state’s unique legal system.

At Morgan & Morgan, we have a national network of skilled attorneys with deep knowledge of malpractice law. Our team offers free case evaluations to get started, no fees unless we win, and 24/7 availability to answer your questions.

As the largest personal injury law firm in the country with law offices in every state, whether you’re in a large city or a rural town, we can help. We’ve recovered billions for clients nationwide and are proud to fight For the People, not the powerful.

Whether your injury was caused by a missed diagnosis, surgical mistake, or hospital error, you have the right to accountability.

Contact Morgan & Morgan today for a free, no-obligation case evaluation.