Morgan and Morgan's Medical Malpractice Practice
Morgan and Morgan does handle medical malpractice cases, but not as their primary focus. The firm is known nationally for personal injury work — car accidents, truck crashes, slip-and-fall claims — and they have a medical malpractice division that operates alongside that core practice. They accept malpractice cases in Florida and some other states, but the volume and resources they dedicate to malpractice work is smaller than what you'll find at firms that specialize exclusively in that area.
The firm operates on a contingency basis for malpractice cases, meaning they only get paid if you recover money. That removes the upfront cost barrier, but it also means they choose cases carefully — they take on cases they believe have a reasonable chance of success and a settlement or verdict value that justifies the time investment.
Understanding what a firm actually does versus what it advertises is important when you're choosing representation. A firm that handles malpractice cases is not the same as a firm built around malpractice cases, and that difference affects how much attention your case receives, how quickly it moves, and what informed is available when complications arise.
Key Takeaways
- Morgan and Morgan accepts medical malpractice cases on contingency in Florida and select other states, but malpractice is not their main practice area.
- The firm's strength lies in high-volume personal injury work, which means malpractice cases may move more slowly or receive less specialized attention than at a malpractice-focused firm.
- You should ask any firm you contact how many malpractice cases they handle per year and who the lead attorney would be on your specific case.
- Medical malpractice cases require informed testimony, detailed medical record review, and knowledge of state-specific laws — capabilities that vary widely between firms.
What Medical Malpractice Cases Require
A medical malpractice claim is not the same as a personal injury claim. You cannot straightforward prove a doctor made a mistake or that you were harmed. You must prove that the doctor breached the standard of care — meaning they did something a reasonably competent doctor in that specialty would not have done — and that this breach directly caused your injury. That requires informed testimony from another physician in the same field, and those experts are expensive and time-consuming to retain.
You also need a detailed review of your medical records, often spanning months or years. A malpractice attorney has to understand not just what happened, but why it happened, what the doctor knew at the time, and what the standard treatment protocol was. This is different from a car accident case, where liability is often clearer and damages are more straightforward to calculate.
Medical malpractice cases also take longer. A typical car accident case might settle within 12 to 18 months. Malpractice cases often take two to four years or longer, especially if they go to trial. That means the firm has money tied up in informed fees, discovery costs, and attorney time for an extended period before any recovery happens.
How Morgan and Morgan's Structure Affects Your Case
Morgan and Morgan is organized around personal injury volume. They have hundreds of attorneys across multiple states, and their business model depends on moving cases through efficiently. That works well for car accident claims, where liability is often clear and settlement negotiations follow predictable patterns. For medical malpractice, that same structure can be a disadvantage.
A malpractice case needs continuity — the same attorney or a small team following it from intake through resolution. It needs specialists: someone who understands medical terminology, someone who knows how to work with informed witnesses, someone familiar with the specific state's malpractice laws and damage caps. In a large, generalist firm, your case might be handed off between attorneys, or the person handling it might be splitting time with dozens of other cases.
That does not mean Morgan and Morgan will mishandle your case. It means you need to ask specific questions before signing a representation agreement: Who is the lead attorney? How many malpractice cases do they personally handle each year? Will they stay on your case or will it be reassigned? What is their track record in malpractice specifically, not just personal injury overall?
Questions to Ask Before Hiring Any Malpractice Firm
When you contact Morgan and Morgan or any other firm about a medical malpractice case, you should have a list of questions ready. Ask how many medical malpractice cases the firm handled in the past three years. Ask what the average resolution time was for those cases. Ask whether they have in-house medical consultants or whether they contract with outside experts, and what that costs.
Ask specifically about the attorney who would handle your case. How long have they been practicing malpractice law? What is their win rate? Have they taken cases to trial, or do they primarily settle? Ask about the firm's relationship with medical experts in your state — do they have established relationships, or do they have to find and vet experts for each case?
Ask about costs. Even on contingency, you may be responsible for informed fees, court costs, and discovery expenses. Some firms advance these costs and recover them from your settlement. Others require you to pay them as they occur. Get this in writing before you sign anything.
Malpractice-Focused Firms Versus General Personal Injury Firms
A firm that specializes exclusively in medical malpractice operates differently than a general personal injury firm that also handles malpractice. A malpractice specialist has built relationships with medical experts over years. They know which experts are credible, which ones juries trust, and which ones have been effective in cases similar to yours. They have systems for managing the complex discovery process. They understand the nuances of different medical specialties.
A general firm like Morgan and Morgan has broader resources and may have more capital to invest in cases. They may have better settlement leverage with insurance companies because of their overall volume. But they do not have the deep specialization that a malpractice-only firm brings.
Neither approach is automatically better. It depends on your specific case, the strength of your claim, and what you need from your attorney. If your case is straightforward and strong, a general firm may move it efficiently. If your case is complex or involves a rare injury, a specialist may be worth seeking out.
How to Research a Firm's Actual Track Record
Do not rely on what a firm says about itself. Look for verifiable information. Check the Florida Bar website (or your state bar) for the attorney's disciplinary history and any complaints filed against them. Look for published case results — not just settlements, but actual verdicts and the amounts awarded. A firm that brags about their success rate should be able to point you to specific cases.
Search for news articles or legal databases that mention the firm's malpractice cases. Look at their website, but understand that websites are marketing. What matters is what they have actually won, not what they claim they can do.
Ask for references — other clients who had malpractice cases handled by the same attorney. A reputable firm should be willing to provide at least one or two. Talk to those clients about their experience: Did the attorney communicate regularly? Did the case move forward, or did it stall? Were they satisfied with the outcome?
When Morgan and Morgan Might Be a Good Fit
Morgan and Morgan could be the right choice for your malpractice case if you have a clear, strong claim with significant damages. If the medical error is obvious, the injury is severe, and liability is not in question, a general firm's efficiency might work in your favor. They may be able to move the case to settlement faster than a smaller firm could.
They might also be a good fit if you live in Florida and want a firm with local presence and resources. They have offices throughout the state and relationships with Florida courts and insurance companies. If your case is in Florida, that local knowledge matters.
But if your case is complex, involves a rare injury, or requires deep informed in a specific medical specialty, you should consider talking to a malpractice specialist as well. Getting a second opinion costs nothing, and it gives you a clearer picture of what your case is worth and what kind of representation you actually need.
Frequently Asked Questions
Does Morgan and Morgan take every malpractice case that comes through the door?
No. Like most firms that work on contingency, they screen cases and only take on those they believe have a reasonable chance of success and sufficient damages to justify the investment. If they decline your case, it does not necessarily mean you do not have a valid claim — it may mean they do not have the capacity or informed for that particular type of case.
How long does a malpractice case typically take with Morgan and Morgan?
Medical malpractice cases generally take two to four years from intake to resolution, whether they settle or go to trial. Morgan and Morgan's timeline may vary depending on case complexity and court schedules in your area. Ask the specific attorney handling your case for an estimate based on your circumstances.
Will I have to pay informed witness fees upfront?
That depends on the firm's agreement with you. Some firms advance informed costs and recover them from your settlement. Others require you to pay as you go. This should be spelled out clearly in your representation agreement before you sign. Always ask and get the answer in writing.
What if Morgan and Morgan declines my case?
Ask them why. If it is because the claim is weak, that is useful information. If it is because they do not have capacity or informed in that area, ask for a referral to a firm that does. Many malpractice specialists work with general firms and can take cases that do not fit the general firm's focus.
How do I know if I should hire a malpractice specialist instead?
If your case involves a rare injury, a complex medical issue, or significant liability questions, a specialist may be worth consulting. Call two or three malpractice-focused firms and ask them to review your case. Most will do an initial consultation for free. Compare what they tell you with what Morgan and Morgan says, and make your decision based on who understands your case best.