Medical malpractice cases sit at the intersection of tragedy and complexity. Behind every claim is a story of loss — a life cut short, a devastating injury, or a child’s future forever changed. The call for justice is louder than ever, yet these cases can be some of the most challenging for firms to take on.
Most personal injury firms proceed with caution when taking on medical malpractice cases due to high litigation costs, deep-pocketed defendants, delay tactics, and hiring expensive, highly qualified experts.
But at Morgan & Morgan, the challenge has only fueled our growth. What began as a niche practice has become a national powerhouse — recovering over $900 million in the past five years and increasing annual recoveries from $55 million in 2020 to more than $200 million in 2025.
The Cost of Entry
Pursuing a medical malpractice case can cost a firm hundreds of thousands of dollars before it even reaches trial. Defense teams—backed by insurers and hospital systems—make every stage an uphill battle, and will often withhold reasonable settlement offers until the plaintiff proves they are willing to spend the money and effort to take the matter to trial.
A Battle of Unequal Resources
Medical malpractice litigation is, at its core, a test of endurance. Hospitals and their insurers retain seasoned defense firms skilled in delay—drowning plaintiffs in discovery, motions, and years of procedural gridlock. Only firms with deep resources and institutional support can fight on equal footing.
The Expert Advantage
Unlike other personal injury defendants, doctors and hospitals initially serve as the plaintiff's trusted healthcare providers with an ethical duty to 'do no harm.' While there may be medical procedures and protocols all professionals must abide by, interpretations of the science can differ. Defense attorneys can always find medical experts willing to interpret the science in their favor, even when the evidence points to clear mistakes.
Why Morgan & Morgan
A long-term study of malpractice trials from 1991–2005 found that physicians win roughly half of all jury trials—even when strong evidence of negligence exists. While defendants win more often than plaintiffs, those numbers don’t tell the full story: most cases settle before trial.
From 2016 to 2023, the average malpractice settlement in the U.S. was $113,391—a figure that varies widely depending on the strength of the evidence. Morgan & Morgan’s results are far from average.
We’ve taken on cases that other firms walked away from and turned them into eight-figure settlements. In the past three years alone, we’ve resolved referred cases for $10 million, $11.5 million, $18.5 million, and $21 million. Since 2023, we’ve paid out nearly $6 million in referral and co-counsel fees to partner firms.
Every malpractice, nursing home, and birth injury case that goes to trial receives the full weight of our trial resources—a team of attorneys, paralegals, and nurse consultants who prepare each case for success before a jury. Our department spares no expense in retaining multiple medical experts and devoting the time and precision these cases demand.
Recently, Andrew Knopf, Joshua Kirsch, Will Lazenby, and I secured a $3.1 million verdict in Pasco County, one of Florida’s most conservative counties, for the wrongful death of a 31-year-old mother who was not transferred to a full-service hospital despite clear signs of a heart attack (STEMI). This case required arguing against Florida tort-reform measures, including the Good Samaritan Act and caps on damages due to the decedent being a Medicaid Recipient. Most firms would not dare to take such a case to trial and would be looking for a small settlement with the prospect of protections that act as an immunity to recovery.
Each case begins with a review by our in-house nursing and physician teams. If accepted, it advances through our tiered attorney management system, where it’s reviewed by a committee that includes John, Matt, and Mike Morgan, Andrew Knopf, Keith Mitnik, and me. Together, we ensure every case is properly valued and fully pursued—never settled short of justice.
On the Lookout for MedMal
When clients call with concerns about medical malpractice, they often don’t have clear answers—just the uneasy sense that something went wrong. Their medical records may be confusing, explanations inconsistent, and outcomes far worse than expected. These are the moments to look closer.
One of the biggest complaints we hear from referral attorneys is that firms make quick judgments on cases without thoroughly examining them. Due to our resources and expansive staff, we can bring in cases, fully vet them, gather all pertinent records, and ensure that every angle is considered.
Below are key case types and red flags worth your attention:
Birth Injury:
Conditions such as cerebral palsy, developmental delay, autism, severe ADHD, or severe behavioral problems can sometimes be traced back to preventable injuries during labor or delivery. An MRI can help reveal brain injuries that occurred at birth but were never diagnosed.
Be aware that states have differing rules about how late in a child’s life a claim can be brought: in Florida, anytime before the child’s eighth birthday; in Louisiana, Ohio, and Kentucky, claims can be brought all the way up to the 20th birthday.
Strokes:
Cases in which someone arrives at a hospital with stroke-like symptoms and is either sent home or a stroke alert is delayed, which could have cleared the blockage and either eliminated or minimized the damage. These cases can be monstrous as people are often left debilitated and disabled.
Wrongful Death:
When someone dies due to a potential medical error, you have to go beyond what families are told and what autopsies reveal. Very often, a death is determined to have been the result of a preventable medical error or mistake. It takes diligence and an unwillingness to accept what is on the surface to discover the truth.
For example, a late-stage cancer diagnosis may reveal failures in screening or follow-up that directly impacted survival.
Hidden Malpractice in Other Case Types:
Medical negligence can hide within your existing caseload:
Product Liability: A medical device that’s defective—or used improperly by a healthcare provider.
Auto or Premises Injury Cases: When treatment for accident-related injuries leads to complications or further harm.
When in Doubt, Let’s Review It Together
When in doubt, bring the case to our team for evaluation. As soon as a medical malpractice, nursing home, or birth injury case is identified, our team of in-house nurses will assess it from a medical perspective to determine the potential case value, and can tell a client one way or another whether something could have been done to prevent their injury or the death of a loved one.
Whenever a case is referred to us, we assess it as efficiently as possible and connect with the client. As soon as we have a green light, we send over the referral or co-counsel contract, and our referral attorneys are kept updated on the case as it progresses.
We are currently accepting referrals in Florida, Georgia, Pennsylvania, New Jersey, New York, South Carolina, Tennessee, and North Carolina.
When you encounter a case that raises medical red flags, don’t hesitate to reach out—our team is here to help you and your clients get the answers they deserve. We let damages be our guide. When someone is catastrophically injured due to medical malpractice, the stakes are high. We will never be content with a quick look or a single declining expert's review. We look, look again, and look even one more time. We take great pride in finding liability where other law firms have failed to do so.
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