Stinar Gould Grieco & Hensley
Why hire a medical malpractice attorney
Medical malpractice cases are among the most complex in personal injury law — they require proving a healthcare provider deviated from the accepted standard of care, which means hiring medical experts and reviewing extensive records
Most states require a "certificate of merit" or affidavit from a qualified medical expert before you can even file a lawsuit. An attorney coordinates this process and knows which experts to retain.
Hospitals and doctors have powerful insurance companies and defense teams. These cases are aggressively defended because payouts are large and reputation is at stake.
Strict statutes of limitations and notice requirements apply to medical malpractice — many states require shorter filing windows than other injury cases, and some require notifying the provider before suing
Frequently asked about medical malpractice
What counts as medical malpractice?
Medical malpractice is when a healthcare provider's care falls below the accepted professional standard and causes injury. Bad outcomes alone do not prove malpractice — you generally need to show the provider deviated from how a reasonable provider would have acted.
How long do I have to file a malpractice claim?
Most states require filing within 1–3 years of discovering the harm, sometimes with absolute outer limits regardless of discovery. Many states also require pre-suit notice and an expert affidavit. Confirm specifics for California.
Why do malpractice cases need experts?
Most states require a qualified medical expert to confirm the standard of care was breached. Identifying the right specialty expert is often determinative — experienced malpractice attorneys maintain networks of reviewing physicians.
What does a malpractice case typically cost?
Most malpractice attorneys work on contingency. Case-expense advances (expert review, records, depositions) are often substantial — five figures is common. Ask whether expenses come out of any recovery or are owed regardless.