What Are the Odds of Winning a Medical Malpractice Lawsuit?
If you or a loved one has suffered harm due to a medical error, you may be wondering: “What are the odds of winning a medical malpractice lawsuit?” The answer depends on many factors, including the strength of the evidence, the nature of the injury, the jurisdiction, and the experience of your legal team. While medical malpractice cases can be challenging, a strong claim supported by compelling expert testimony and handled by an experienced attorney can absolutely succeed.
This article explains what affects the odds of winning a medical malpractice case, what the statistics show, and how you can improve your chances of success.
Understanding Medical Malpractice Lawsuits
A medical malpractice lawsuit is a legal claim brought against a doctor, hospital, or other healthcare provider whose negligence results in injury or death to a patient. Not every poor outcome is malpractice—what distinguishes malpractice from an unfortunate complication is a deviation from the accepted standard of medical care.
To succeed in a medical malpractice case, the patient (plaintiff) must prove four essential elements:
- A provider-patient relationship existed.
This means the healthcare provider agreed to diagnose, treat, or care for the patient. Without this formal relationship, the provider cannot be held legally responsible for the patient’s outcome. - The provider breached the standard of care.
The “standard of care” is the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under similar circumstances. A breach occurs when the provider’s actions fall below this standard—such as failing to order appropriate tests, misinterpreting imaging, or performing a procedure incorrectly. - That breach caused injury or harm.
It must be shown that the provider’s mistake wasn’t just harmless or theoretical—it directly caused or significantly contributed to the patient’s injury. This is known as causation, and it often requires detailed analysis to rule out other possible explanations for the harm. - The patient suffered damages as a result.
Damages may include physical pain, emotional suffering, loss of income, medical bills, disability, or death. In a malpractice case, it’s not enough to prove a mistake was made—you must also prove that the mistake resulted in measurable harm.
Each of these elements must be proven through evidence, including:
- Medical records and diagnostic imaging
- Expert testimony from qualified physicians in the same or similar specialty
- Witness statements, including from the patient or family members
- Economic assessments to quantify losses such as income or future care needs
Because the legal and medical issues involved are often complex, successful malpractice cases require thorough investigation and support from credible medical experts. This is why having an experienced medical malpractice attorney is critical to building a strong claim and maximizing your chances of success.
What the Statistics Say
Medical malpractice lawsuits are among the most complex types of personal injury cases. Here’s what national data reveals:
- Only about 7–10% of patients who believe they were harmed by medical negligence file a claim.
- Of those who file, about 50–60% settle out of court.
- When cases go to trial:
- Patients win about 20–30% of jury trials.
- Physicians win the vast majority of cases without clear or catastrophic injuries.
- Patients are much more likely to win if the case involves serious, permanent harm or death and strong evidence of negligence.
Pennsylvania-Specific Trends
According to the Unified Judicial System of Pennsylvania, medical malpractice case filings have significantly declined over the past two decades.
- In 2023, there were 1,485 medical malpractice case filings statewide.
- This represents a 45.7% decrease from the average annual filings during the base years of 2000–2002, which saw approximately 2,733 filings per year.
- The decline is attributed to reforms such as the requirement for a certificate of merit from a medical professional and mandates that cases be filed in the county where the alleged malpractice occurred, reducing venue shopping.
These reforms have led to a more streamlined and focused approach to medical malpractice litigation in Pennsylvania, potentially improving the quality of cases that proceed through the legal system.
It’s important to understand that while the overall odds may sound discouraging, the outcomes improve dramatically when experienced attorneys screen cases carefully and pursue only those with strong facts and expert support.
Factors That Affect the Odds of Winning
Strength of the Evidence
Cases backed by clear documentation of errors and expert testimony confirming a breach in the standard of care have significantly higher odds of success.
Severity of Injury
Juries are more likely to award damages in cases involving catastrophic injury, permanent disability, or death.
Type of Medical Error
Some medical errors are more obvious and easier to prove than others. For example:
- A misdiagnosis of cancer or stroke often turns on whether reasonable doctors would have ordered more timely tests.
- A surgical error like leaving an instrument in the body is usually more straightforward.
Jurisdiction and Local Laws
Some states have laws that favor defendants more than others. For example:
- Caps on damages can reduce the potential recovery.
- Procedural hurdles like certificate-of-merit requirements can limit filings.
In Pennsylvania, where our firm is based, patients have access to a strong legal framework for holding negligent providers accountable—but expert support is essential.
Quality of Your Legal Representation
The lawyer you choose matters. Medical malpractice cases require:
- Deep understanding of medicine and healthcare systems
- Connections with qualified medical experts
- Skill in jury persuasion and trial strategy
How to Improve Your Chances of Success
If you’re considering filing a claim, here are steps you can take to boost your odds:
Work with a Firm that Specializes in Medical Malpractice
Medical malpractice cases are uniquely complex. They often involve thousands of pages of medical records, highly technical issues, and legal standards that are far more demanding than other personal injury claims. General personal injury lawyers—no matter how skilled—may not have the depth of medical knowledge, expert network, or trial experience needed to succeed in these cases. Medical malpractice lawsuits are far more complicated than a rear-end car accident. If you take your malpractice case to a law firm that “dabbles” in medical negligence lawsuits, you are setting yourself up for frustration and disappointment.
That’s why it’s essential to choose a law firm that focuses specifically on medical negligence litigation and has a long track record of winning tough cases.
At Lupetin & Unatin, medical malpractice is not just one of many practice areas—it’s what we do best. For decades, our firm has fought on behalf of individuals and families in Pennsylvania whose lives were shattered by medical errors. We’ve taken on major hospital systems, uncovered hidden truths in medical records, and persuaded juries to hold negligent healthcare providers accountable.
When you work with a team that has successfully handled hundreds of malpractice cases, you benefit from:
- A deep understanding of medical concepts and terminology
- Access to top-tier medical experts across every specialty
- Mastery of the evidentiary and procedural challenges unique to these claims
- Proven skill in telling your story clearly and powerfully to a jury
Our focus is your advantage. We know what it takes to win—and we don’t back down from a fight.
Get a free case evaluation
Not every bad medical outcome is the result of malpractice. Sometimes, even the best care can lead to complications. That’s why it’s essential to have your situation evaluated by a law firm that knows what to look for.
At Lupetin & Unatin, we offer free, no-obligation case reviews to help you understand whether you have a viable medical malpractice claim. Our team carefully reviews your medical records and, when appropriate, consults with leading medical experts to assess whether the care you received fell below the accepted standard.
This review process serves two critical purposes:
- If you do have a case, we’ll explain your legal options and help you take the next step toward accountability and compensation.
- If you don’t have a case, we’ll clearly explain why—so you’re not left guessing or wondering “what if?”
Either way, you’ll walk away with answers, clarity, and peace of mind—knowing you didn’t ignore a potential path to justice or leave a valid recovery on the table. For many clients, this reassurance is invaluable, even if legal action isn’t ultimately pursued.
When your health and future are at stake, you deserve the truth. Let us help you find it.
Be honest and organized
Bring all your medical records, insurance information, and details about your injury to your attorney. The more complete the picture, the better your lawyer can build your case.
Be patient
Medical malpractice cases take time. Investigating the facts, consulting experts, and litigating against large hospital systems can be a long process—but the results can be life-changing.
Frequently Asked Questions
What percentage of medical malpractice cases settle?
About 50–60% of medical malpractice cases settle before trial, often after expert review and negotiation.
How long does a malpractice case take?
Most cases take 18 to 36 months from investigation to resolution, though complex cases may take longer.
Do I have to pay legal fees upfront?
No. At Lupetin & Unatin, we work on a contingency fee basis, meaning you pay nothing unless we win or settle your case.
When Medical Malpractice Causes Life-Altering Harm, You Deserve Answers
At Lupetin & Unatin, our medical malpractice attorneys represent individuals and families across Pennsylvania who have suffered catastrophic injuries due to medical negligence. We understand the system. We know how to uncover the truth. And we fight relentlessly for justice.
If you believe a doctor, nurse, or hospital made a serious mistake in your care or the care of someone you love, we invite you to contact us for a free, confidential consultation.
If you still have questions, please read what our prior clients have to say about working with our firm here.