Medical malpractice / FAQ

Frequently asked questions

These are questions I'm asked most often by people considering a medical malpractice case.

Do you handle every bad medical outcome?

No. A bad outcome, standing alone, is not enough. I look for matters where the records, the timeline, and the medicine point to a clear failure in care and a clear causal connection to serious harm.

Is a malpractice case an attack on healthcare providers?

No. I respect healthcare providers and do not assume that a bad medical outcome means a doctor, nurse, or other clinician was careless or indifferent. Responsible malpractice work distinguishes unavoidable tragedy from preventable harm, and it often asks whether good clinicians were working inside systems that failed to catch known risks.

Why do you focus on hospital systems and institutional problems?

Because many preventable injuries do not come from one isolated bad act. They come from missed warnings, poor handoffs, unsafe workflow, weak supervision, ignored safety reports, or communication failures that make good care harder to deliver. Focusing on systems is part of supporting safer healthcare.

Do you look for reasons a case may not be malpractice?

Yes. I look carefully for the facts and arguments that favor the providers. False hope hurts clients, unfair criticism hurts healthcare providers, and weak cases do not improve patient safety. I need to know when the defense has the better argument before anyone is put through years of litigation.

What if I am not sure malpractice occurred?

That is common. Many people reach out because they believe something went seriously wrong but do not yet know whether it amounts to malpractice. The first step is a clear factual account of what happened, when it happened, who was involved, and what harm followed.

Do I need all of my records first?

No. If you have records, discharge papers, imaging, or test results, those can be helpful. But the first contact does not require a complete medical file. In many cases, the initial question is simply whether the matter appears serious enough to justify deeper review. If you do want to start gathering records, see Getting your medical records under HIPAA and HITECH, which includes a downloadable request form.

Do you take borderline malpractice cases?

Usually no. I am selective about the cases I accept. If liability or causation is genuinely debatable, or if the case depends more on suspicion or sympathy than on clear proof, I am unlikely to take it.

Will you tell me right away whether I have a case?

Not responsibly. An initial contact may be enough for me to decide whether a matter warrants deeper review, but a reliable opinion about liability and causation usually depends on careful review of the records and, in some cases, expert evaluation.

Start here

If your question is not covered here, start with a clear first account.

Use the contact page to explain the matter in plain terms. A clear first account of what happened, when it happened, who was involved, and what harm followed is usually the best way to begin.