What Does a Medical Malpractice Attorney Do?
A medical malpractice attorney specializes in cases involving alleged negligence by healthcare providers that result in injury or harm to a patient. These attorneys handle complex civil litigation focused on violations of the medical standard of care, working with medical experts to establish causation, liability, and damages. On the plaintiff side, malpractice attorneys represent injured patients or surviving family members in pursuing compensation for physical, emotional, and financial losses. On the defense side, they represent hospitals, physicians, and insurers to mitigate liability, refute claims, and resolve disputes through settlement or trial.
Medical malpractice cases often involve extensive discovery, detailed review of medical records, and coordination with expert witnesses in multiple specialties. Attorneys must be highly skilled in courtroom advocacy, legal writing, and negotiation. The role also requires emotional resilience and sensitivity, as many cases involve life-altering injuries or wrongful death. Whether working in private practice, in-house at a hospital or insurer, or as part of a larger healthcare litigation team, these attorneys play a critical role in balancing justice and accountability in the healthcare system.
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Medical Malpractice Attorney Core Responsibilities
- Evaluate the legal merit of medical negligence claims
- Analyze medical records, expert reports, and depositions
- Draft legal pleadings, motions, and discovery requests
- Negotiate settlements or prepare for civil trial litigation
- Conduct cross-examinations of expert witnesses
- Advise clients on legal strategy, risks, and case outcomes
- Represent clients in mediation, arbitration, or trial
- Stay current on medical malpractice laws, tort reform, and healthcare regulations
Required Skills and Qualifications
Hard skills
- Expertise in tort law, personal injury law, and medical malpractice litigation
- Ability to interpret complex medical records and expert opinions
- Proficiency in legal research, writing, and trial procedures
- Familiarity with HIPAA, EMTALA, and state-specific liability standards
Soft skills
- Strong advocacy and courtroom presence
- Empathy and professionalism when working with emotionally impacted clients
- Strategic thinking and risk assessment
- Strong negotiation and communication skills
Education
- Juris Doctor (JD) from an accredited law school
- Admission to state bar(s) where practicing
Certifications
- Required: Active state bar license
- Recommended:
- Board Certification in Medical Malpractice or Civil Trial Law (varies by state or organization)
- Membership in the American Board of Professional Liability Attorneys (ABPLA)
Preferred Qualifications
- 3–7+ years of litigation experience, ideally with a focus on healthcare or personal injury
- Experience working with expert medical witnesses or in healthcare compliance
- Familiarity with insurance defense or plaintiff-side medical litigation
- Background in healthcare, nursing, or medical sciences is a plus
National Average Salary
Medical malpractice attorney salaries vary by experience, industry, organization size, and geography. Click below to explore salaries by local market.
The average national salary for a Medical Malpractice Attorney is:
$130,640
Sample Job Description Templates for Medical Malpractice Attorneys
Associate Medical Malpractice Attorney
Position Overview
We are seeking an Associate Medical Malpractice Attorney to join our litigation team. This position offers the opportunity to gain hands-on experience in complex medical negligence cases. Working under the guidance of senior counsel, you will support case development, legal research, client communication, and trial preparation. Ideal candidates are detail-oriented, proactive, and eager to build subject matter expertise in healthcare litigation.
Responsibilities
- Assist with case intake, initial analysis, and client onboarding
- Draft legal documents including pleadings, motions, and discovery requests
- Conduct legal research on tort law, medical standards of care, and evidentiary issues
- Review and summarize medical records and deposition transcripts
- Support preparation for depositions, hearings, mediations, and trials
- Maintain case files and manage deadlines across multiple active cases
Requirements
Hard skills
- Familiarity with civil litigation processes
- Basic understanding of medical terminology and record review
- Proficient in legal writing, research tools, and case management software
Soft skills
- Detail-oriented and organized
- Strong written and verbal communication skills
- Eagerness to learn and contribute to a team environment
Education
- Juris Doctor (JD) from an accredited law school
Certifications
- Required: Active bar membership in the practicing state
Preferred Qualifications
- 1–3 years of experience in litigation, personal injury, or healthcare law
- Internship or clerkship involving medical or tort-related matters
Mid-Level Trial Attorney – Medical Malpractice
Position Overview
We are hiring a Mid-Level Trial Attorney with demonstrated experience in medical malpractice litigation. This role involves managing a caseload of active files, leading discovery, conducting depositions, and representing clients through all phases of trial preparation. Candidates should have courtroom experience and a working knowledge of medical-legal standards.
Responsibilities
- Independently manage plaintiff or defense medical malpractice cases
- Lead discovery, including interrogatories, depositions, and expert disclosures
- Conduct legal research and draft complex motions
- Collaborate with medical experts to evaluate liability and causation
- Represent clients in court hearings, mediations, and trials
- Provide strategic guidance to clients, physicians, or insurers
Requirements
Hard skills
- Strong litigation background in medical negligence, personal injury, or healthcare law
- Skilled in deposition preparation, courtroom procedures, and expert witness coordination
- Ability to analyze complex medical records and case law
Soft skills
- Strategic mindset and litigation judgment
- Client-focused communication
- Resilient under deadlines and courtroom pressure
Education
- Juris Doctor (JD) from an accredited law school
Certifications
- Required: Active state bar license
Preferred Qualifications
- 4–6 years of medical malpractice or complex tort litigation experience
- Experience representing healthcare providers, insurers, or hospital systems
Senior Medical Malpractice Counsel
Position Overview
We are seeking a Senior Medical Malpractice Counsel to lead high-exposure cases from pre-suit investigation through trial. This role involves strategic litigation planning, supervising associate attorneys, and serving as lead counsel in court. The ideal candidate has extensive trial experience and is comfortable working with hospital systems, physician groups, and insurance carriers.
Responsibilities
- Manage complex malpractice cases with significant liability or damages
- Serve as first chair at trial or arbitration
- Develop litigation strategy and supervise associate attorneys
- Coordinate expert witnesses and analyze technical medical testimony
- Participate in negotiations, mediations, and pre-trial settlement conferences
- Provide legal updates and risk assessments to clients and stakeholders
Requirements
Hard skills
- Extensive courtroom and trial experience
- Advanced knowledge of healthcare liability, standard of care, and causation analysis
- Strong legal writing, oral advocacy, and case strategy development
Soft skills
- Leadership and mentoring abilities
- Composure under pressure and strong decision-making skills
- Ability to build trust with clients and expert witnesses
Education
- Juris Doctor (JD) from an accredited law school
Certifications
- Required: Active bar license
- Recommended: Board certification in civil trial law or medical malpractice (if available in your state)
Preferred Qualifications
- 7+ years of experience in medical malpractice litigation
- Prior experience representing hospitals, providers, or plaintiffs in high-value cases
Partner – Healthcare Litigation Practice
Position Overview
We are seeking a seasoned litigator to join our firm as a Partner in the Healthcare Litigation Practice. This individual will lead medical malpractice case strategy, foster key client relationships, and help expand our healthcare legal portfolio. Candidates must demonstrate a track record of trial success, business development, and leadership within the medical-legal domain.
Responsibilities
- Serve as lead trial counsel on complex malpractice and healthcare litigation
- Oversee legal strategy, team operations, and client service delivery
- Cultivate relationships with hospitals, insurers, and medical groups
- Contribute to firm growth through marketing, client acquisition, and networking
- Provide mentorship to associates and junior partners
- Monitor legal trends and regulatory changes in medical liability
Requirements
Hard skills
- Deep knowledge of medical malpractice, tort reform, and healthcare compliance
- Exceptional trial and negotiation skills
- Proven ability to manage multimillion-dollar litigation portfolios
Soft skills
- Business acumen and entrepreneurial mindset
- Strong leadership and delegation
- Executive-level communication and diplomacy
Education
- Juris Doctor (JD) from an accredited law school
Certifications
- Required: Active bar license
- Recommended: Board certification in Civil Trial or Medical Malpractice Law
Preferred Qualifications
- 10+ years of litigation experience with a focus on medical malpractice
- Demonstrated success in law firm leadership or practice development
In-House Legal Counsel – Medical Risk Management
Position Overview
We are hiring an In-House Legal Counsel to support medical risk management and litigation oversight for a healthcare system or hospital network. This role involves managing malpractice claims, guiding risk mitigation strategies, and working cross-functionally with clinical, compliance, and legal teams to limit liability exposure.
Responsibilities
- Review and respond to pre-suit claims, subpoenas, and legal complaints
- Advise providers and executives on liability risks and documentation practices
- Coordinate with outside defense counsel on case strategy and resolution
- Monitor trends in medical errors, incident reports, and litigation outcomes
- Draft internal legal memos and participate in root cause investigations
- Support hospital policies related to consent, HIPAA, and provider conduct
Requirements
Hard skills
- Strong understanding of medical malpractice defense and risk prevention
- Familiarity with hospital operations, peer review, and credentialing
- Legal risk analysis, reporting, and claims handling
Soft skills
- Ability to collaborate with clinicians and administrative leaders
- Confidentiality and discretion
- Problem-solving and practical legal guidance
Education
- Juris Doctor (JD) from an accredited law school
Certifications
- Required: Active bar license in practicing state
- Recommended: Health law coursework or certification
Preferred Qualifications
- 5–8 years of legal experience in malpractice litigation or hospital legal affairs
- Prior in-house or healthcare system legal counsel experience