Frequently asked questions
Questions and answers.
Straight answers about medical and accounting malpractice, legal deadlines in your state, finding an attorney, your information, and what happens after you’re connected.
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FAQ
Everything else you might be wondering.
Rules differ from state to state. Answers about state law are general information, not legal advice, and when we give an example we name the state and statute it comes from. Only an attorney can tell you how the law applies to you. Can’t find your question? See How it works.
Getting started
Who is MalpracticeAttorneys.com for?
Adults with concerns about medical care they or a family member received, or about work an accountant, CPA, or tax preparer did for them, who want to talk with an attorney about it. We’re opening state by state, and requests aren’t open yet. See where we operate.
What kinds of concerns can I ask about?
Medical care: a diagnosis, surgery, hospital or emergency care, a birth, or a medication. See our guide to medical malpractice.
Accounting and tax work: errors on a tax return, missed deadlines, audit or financial-statement problems, or bad advice from an accountant. See our guide to accounting malpractice.
You don’t need to know what went wrong, and “not sure” is always an answer.
What will you ask me?
A few short steps: where it happened and who it’s about, what your concern is, how it affected you, a little context (like whether you already have a lawyer), your email address, and a final review where you choose whether to share. See how it works.
It happened years ago. Can I still reach out?
Yes. Every state sets its own deadlines, and some depend on when a problem was discovered. Don’t assume it’s too late, or that there’s plenty of time. An attorney licensed in the state where it happened can tell you which deadlines apply.
Which states do you serve?
We’re opening state by state, after reviewing each state’s rules with local counsel and once enough independent law firms there have joined. Florida opens first, and more states follow. Some states aren’t available, and for now we can’t accept requests from people who live in California, Colorado, Connecticut, New Jersey, New York, Texas, or Washington, because of consumer-privacy laws there. See the full list on where we operate. If we can’t help, we’ll tell you before you share any details.
Is it malpractice?
What’s the difference between a mistake and malpractice?
A bad outcome or an honest mistake isn’t malpractice by itself. Malpractice generally means a professional, such as a doctor or an accountant, didn’t use the care that a reasonably careful professional in the same field would have used, and that failure caused real harm or loss. Whether that happened is a question for an attorney, usually working with an expert in the same field. We never evaluate anyone’s situation.
Can I sue a doctor for not listening to me?
Generally, feeling dismissed or rushed isn’t medical malpractice by itself. If a doctor’s failure to take symptoms seriously led to a missed or delayed diagnosis that caused harm, an attorney can look at whether the care fell below the accepted standard. It can help to write down when symptoms were raised and what you were told.
Can I sue my accountant for a mistake on my taxes?
An error on a return isn’t automatically malpractice. An attorney looks at what the accountant agreed to do, whether the work fell below what a reasonably careful accountant would have done, and whether it caused a loss, such as penalties or interest you wouldn’t otherwise owe. Keep your engagement letter, the returns, and every notice you received. See accounting malpractice.
Can emotional distress be part of a medical malpractice claim?
Often, as part of the harm. Pain, suffering, and mental anguish are commonly part of the damages when substandard care caused an injury, alongside physical harm and financial losses. A claim based on emotional distress alone, without an injury caused by the care, is treated differently, and the rules vary by state.
What if my records were changed or are wrong?
Request a complete copy of your records now, keep your own notes of what happened and when, and tell an attorney what you believe is wrong. Some states extend filing deadlines when concealment kept someone from discovering an injury. Florida, for example, allows an extension in that situation but sets an outer limit (Fla. Stat. § 95.11(5)(c)). Don’t rely on an extension. Speak with an attorney promptly.
Deadlines and state rules
How long do I have to file a malpractice claim?
It depends on the state and on the kind of claim. Every state sets its own deadlines, often called statutes of limitations, and medical malpractice claims can have different deadlines from claims against other professionals, such as accountants. Many deadlines are measured from when the problem happened or was discovered, and some have outer limits and exceptions for children. An attorney licensed in the state where it happened can tell you which deadlines apply. For state rules in detail, see our medical malpractice deadline guides for Florida, Massachusetts, Oklahoma, Oregon, South Carolina, Virginia and Wisconsin.
Does anything have to happen before a lawsuit is filed?
In some states, yes, especially for medical malpractice. Some states require an investigation and a written opinion from a qualified medical expert, a notice to each provider, or a waiting period before a lawsuit can be filed. Florida and Arizona are two examples (Fla. Stat. § 766.203; A.R.S. § 12-2603). These rules are technical, so let an attorney handle them.
Finding and working with an attorney
What should I ask a malpractice attorney?
Ask how many cases like yours they’ve handled, who will work on your matter day to day, how they’ll keep you updated, how they work with experts, and what they need from you next. You can confirm any lawyer’s license and public discipline history with the bar or court that licenses lawyers in their state.
Can I bring a malpractice claim without a lawyer?
You can represent yourself, but malpractice cases are among the hardest to bring alone, because they usually need an expert in the same field to explain what went wrong. State expert-opinion and notice rules still apply to you. In Florida, for example, a medical malpractice claimant needs a verified written opinion from a qualified medical expert before filing, and in Arizona a preliminary expert opinion affidavit is generally required when expert testimony is needed (A.R.S. § 12-2603). It’s worth speaking with an attorney first, even if you decide not to hire one.
Records and next steps
What should I do if I think a doctor made a mistake?
First, get the care you need now, from another provider if you prefer. Then write down what happened while it’s fresh: dates, names, and what you were told. Request copies of your medical records, and keep bills, prescriptions, discharge papers, and anything you were given. Be careful about posting details online. Then speak with an attorney about whether the care fell short and which deadlines apply.
How do I get a copy of my medical records?
Ask the provider’s medical records office in writing. In every state, federal HIPAA rules give you a right to a copy of most of your records, generally within 30 days of your request (45 C.F.R. § 164.524). State laws can add to that. Florida, for example, requires doctors and other licensed practitioners to give you copies of your records, including X-rays, in a timely manner and without delays for legal review (Fla. Stat. § 456.057(6)).
About us
Who runs MalpracticeAttorneys.com?
We’re a family business carrying on the legacy of Howard Neu. Read our story. Our operating company’s legal name and address will be listed on our Advertising Disclosure before attorney requests open.
How do you make money if it’s free for me?
Participating attorneys pay us to take part in our service. It costs you nothing, and we never receive a share of anything an attorney charges you.
Do you recommend particular attorneys?
No. We connect you with a participating firm based on objective factors: location, the type of concern, and availability. We don’t rank attorneys or say one is better than another.
Your information
Where is my information kept?
In a dedicated, access-controlled intake system that’s separate from this website’s platform. Only people who need it to handle your request can see it, and our notification emails don’t include the details of what happened.
Can I have my information deleted?
Yes. You can ask us to delete it at any time, and we’ll pass your request on to any firm that received it. See our Consumer Health Data Privacy Policy.
Will anyone call or text me?
No. We don’t ask for a phone number. We email you to confirm your address and to update you about your request, and the firm you approve replies by email, only about your request.
After you’re connected
What happens after I approve a firm?
We send your request to that one firm. The firm emails you, explains how it works with clients, and decides whether it can help.
Can I talk to more than one attorney?
Yes, you can always speak with other attorneys. We send your request to one participating firm at a time, and to another firm only if you approve that firm by name.
What if I’m unhappy with how an attorney treated me?
Tell us, and we’ll review whether that firm should keep participating. You can also raise concerns about an attorney’s conduct with the bar or court that licenses lawyers in that attorney’s state.
Ready to talk to an attorney?
Six short questions. It’s free for you, and you approve every step.
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