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Medical Malpractice Injury Attorneys, Nationwide

How Our Attorneys Can Support Your Medical Malpractice Claim

A medical professional causing you injury through their negligence or reckless care is a life-altering experience. 

When the trust you’ve given a doctor, nurse, or other medical professional is broken, nothing can ever truly make it right. However, you may be able to collect the compensation to help with your medical bills and other financial needs.

Our compassionate and dedicated hospital malpractice attorneys have fought for countless clients suffering from injuries caused by “medical professionals.” We know the emotional, financial and physical toll it takes on individuals and families. The fight for the money you deserve is one burden we can ease during this difficult time. Let us handle your complex case for you so you can focus on healing.

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For nearly 40 years, our firm has recovered billions for our clients in all types of personal injury cases. We’ve represented and won cases for all kinds of medical malpractice clients, no matter the complexity. We’ll fight just as hard for you as we have for them.

And We've Earned Ours.

When we take your case, you can be sure that your attorney will work hard for you, not the other way around. That’s why medical malpractice victims choose Montlick time and time again to handle their legal and insurance fights.

Montlick is Your Advocate When: 
  • A failure to diagnose costs your loved one their life
  • A defective medical device steals your independence
  • A life-altering birth injury changes your child’s future
  • A pharmaceutical error causes irreparable damage
Medical Malpractice Attorneys

What Is Medical Malpractice?

Medical malpractice refers to when a healthcare provider neglects to give appropriate treatment, take appropriate action, or gives below standard treatment that causes injury, harm, or death. This typically involves a medical error such as a misdiagnosis (or failure to diagnose), treatment, medication, health management, or aftercare. The neglect could occur at the hands of a:

  • Technician
  • Nurse
  • Dentist
  • Doctor
  • Surgeon
  • Anesthesiologist
  • Radiologist
  • Hospital worker

Keep in mind, that to be legally declared medical malpractice, your claim must have the following attributes:

A violation of the standard of care. Medical professionals must adhere to certain standards that are recognized by “reasonable prudent health care professionals under like or similar circumstances” – AKA, the standard of care. The standard of care may differ depending on where you received your treatment and by whom treated you. Patients have the right to this consistent treatment by health care professionals, but if it is determined that the provider failed to meet that standard, negligence may be established.

An injury was caused by negligence. For a claim to move forward, the patient must be able to prove that the injury would not have occurred without the actions taken – or not taken – by the caretaker. Likewise, they must be able to prove the actual cause of the injury. Otherwise, there is no case to be pursued.

The injury resulted in significant damages. Medical malpractice suits are expensive. Between the endless hours of medical expert testimony and deposition testimony, the cost of pursuing a case might end up being greater than the eventual recovery. Our nationwide medical malpractice attorneys can advise you on whether pursuing a medical malpractice claim is right for you.

If your caretaker fails to “take care” of your well-being appropriately, you may be able to bring forward a medical malpractice claim against them. Talk with one of our medical malpractice lawyers today to see if we can help with your potential case.

Examples of Medical Malpractice

Despite their training and education, healthcare professionals sometimes fail to comply with accepted medical standards or deviate from the standard of care that should have been followed. Such behaviors may be occur with anesthesia errors, failure to warn of known risks, failure to diagnose a patient correctly or in a timely manner, delayed treatment, and more, including:

  • Failure to provide correct medical treatment
  • General medical malpractice
  • Medical device injuries
  • Misreading or ignoring laboratory results
  • Medical omissions
  • Medication errors
  • Misdiagnosis
  • Mismanaged treatment
  • Pharmacy malpractice
  • Treatment without proper medical license
  • Poor aftercare
  • Surgical errors & omissions
  • Disregarding patient history

Additional Forms of Malpractice

Birth Injuries
Birth procedures are complicated and can have a number of things go wrong. However, it should be approached with caution as the consequences of delivery gone wrong can have lifelong consequences for both the mother and child. If caretakers during a labor fail to monitor the pair properly, take appropriate action defined by the standard of care or use medical devices wrong, they can be held responsible for any injury that resulted.

Emergency Room Negligence
Emergency rooms (ERs), are busy places that often result in split-second choices by doctors. But, if a patient is harmed due to those decisions or a provider’s failure to meet the expected standard of care, it could result in a malpractice lawsuit. Examples of ER negligence include administering the wrong medication or inadequately triaging injuries.

Anesthesia Errors
Anesthesiologist’s have a responsibility to review a patient’s medical records and to refer to them during and after surgery. If they give a patient too little or too much medicine, the anesthesiologist poses a risk of seriously injuring them with oxygen deprivation, an allergic reaction, a heart attack, brain damage, or blood clots. Other risks might include waking up during surgery, putting the patient in a coma, or even death.

Amputation Injuries
Amputation injuries refer to a medical professional who has wrongfully or unnecessarily removed a patient’s body part. This could be particularly dangerous for someone’s physical and emotional state, permanently altering their life. Errors could include failing to discover an infection, operating on the wrong patient, failing to diagnose a vascular condition or diabetes, using non-sterile medical devices, or amputating the healthy instead of the diseased limb.

When medical practitioners take charge of your care, in some instances, holding your very life in their hands, you expect that they’ll perform their jobs competently. When they don’t, the results are jarring. A Montlick medical negligence lawyer is standing by to help you through your injury claim.

Failure to obtain informed consent
If you never gave consent to have an operation but the healthcare provider performs it anyway, you could have the grounds to pursue a malpractice case. Yes, even if the procedure went perfectly fine. A malpractice suit could also be brought forward if a patient loses a limb in surgery after the surgeon failed to reveal the 25% risk of losing a limb. This is due to the fact that had that had the patient known of the risk, they might not have gone ahead with the underlying procedure.

Connect with one of our compassionate and highly-skilled hospital malpractice attorneys today to learn about your malpractice lawsuit options.

Nationwide Medical Malpractice Legal Help

Understanding The Value Of Your Case

Medical Malpractice Cases are Complex

Hiring Montlick at the outset of your case makes all the difference in navigating your medical malpractice claim successfully.

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A medical malpractice case involves many factors including a complexity of evidence, high burden of proof, and the fact that the majority of medical malpractice cases result in filing a lawsuit and going to trial. While that might sound overwhelming, we promise your medical malpractice attorney will take charge of the process and be with you every step of the way. 

An injury caused by a medical provider could be eligible for financial compensation. Your Montlick attorney may be able to pursue the cost of medical bills (past and future), and any pain and suffering you have endured. Additional damages may include:

  • Lost wages
  • Diminished earning potential
  • Loss of consortium
  • Diminished enjoyment of life experiences
  • Emotional distress, anxiety, shock and worry
  • Punitive damages

What Goes Into Your Settlement Amount

Generally speaking, there is no “average” settlement amount as we evaluate every case individually on its own facts and merits. However, there are general factors that go into determining the amount you may recover. These factors include:

  • Loss of wages during recovery
  • The severity of your injury
  • Your medical expenses and other injury-related costs
  • Available insurance coverage
  • The medical provider’s degree of liability
  • Whether you can return to work
  • State caps on recovery

Your Montlick medical injury attorney will work to prove that there was a professional duty owed to you, there was a breach of that duty, your injuries occurred because of it, and that you have a right to receive damages.

Who You Can File Against

Each case is different, but there is a general rule for who you can file a medical malpractice suit against. Your case can be brought against specific medical professionals, a hospital, or a healthcare facility. If the hospital failed to maintain acceptable staffing levels, neglect proper training, or provide faulty equipment they could be held responsible. Additionally, clinics could be held responsible under the “legal doctrine of vicarious liability, which makes an employer responsible for the on-duty acts of staff members.”

Wrongful Death Cases

If you or a loved one has been the victim of medical malpractice, contact us today to discuss your case.

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When Medical Malpractice Causes Death

In the case of death caused by a medical professionals negligence, the family may be able to pursue a wrongful death claim. Damages in this instance may include:

  • Victim’s “value of life”
  • Loss of companionship
  • Value of support and services
  • Punitive damages
  • Burial and funeral expenses
  • Medical expenses incurred
  • Victims pain and suffering

We know terms like the “value of a life” can feel extremely cold after you lose someone. However, these are the terms the courts and the insurance companies will use throughout your claim.

In fact, part of our job is to humanize you and your loved one to the companies making these decisions. We want them to see the fullest picture of your loved one’s life and to understand the gravity of your loss.

Medical Malpractice Stats

Forbes Advisor posted an article in January 2024 revealing the most recent medical malpractice statistics. Some of the highlighted stats are as follows:

  • One in three care providers is sued for medical malpractice during their care
  • Medical errors cause 251,000 fatalities annually
  • Misdiagnosis is one of the most common types of malpractice
  • Prescription errors harm 1.5 million people annually, causing $3.5 billion in damages
  • Surgeons are the care providers most likely to be sued for malpractice
  • Misdiagnosis or delayed diagnosis accounts for nearly one-third (32%) of medical malpractice claims
Your Questions Answered

Medical Malpractice FAQs

Another lawyer told me I don’t have a case. What should I do?
We always recommend that if a lawyer rejects your personal injurycase, that you should seek a second opinion about your claim from a trusted personal injury lawyer.
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Who is responsible for birth injuries?
There are often multiple parties that may contribute to a birth injury including medical staff present during delivery, or even those responsible for prenatal care, when relevant.
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How do you prove medical malpractice?
Medical malpractice cases have several requirements. The patient must have received an injury that was caused by the negligent actions of his or her doctor.
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Do I have a case if my child has Cerebral Palsy?
While all birth injury lawsuits are different, many of these lawsuits have resulted in large jury awards to cover medical costs such as therapy, medication, surgery, home alterations, medical equipment, and other medical care costs.
Read more

Because we can’t stop accidents from happening, we do what we can to help minimize their long-term impact. We put more money in your pocket, where it belongs.