Overview
Medical malpractice claims represent some of the highest-value referral opportunities available to personal injury firms. While these cases require specialized expertise and significant resources to litigate, the initial screening can be done effectively by any experienced intake team. Common cases include surgical errors, birth injuries, misdiagnosis, medication errors, and failure to treat.
Medical malpractice makes an excellent referral opportunity because:
Average settlements range from $500,000 to over $1,000,000
Cases often have clear damages documented in medical records
Most states have well-established precedent for these claims
Specialist firms are actively seeking quality referrals
Expert witness networks are already in place
Screening Criteria
Statute of Limitations
Most states: 1-2 years from date of discovery
Some states extend for minors until age 18
Many states require pre-suit notice (60-90 days)
Some states require affidavits of merit before filing
Referral Intake Screening Questions
What type of medical provider caused the injury?
When did the medical care occur?
When did you discover the potential malpractice?
What specific injury or harm resulted?
Do you have access to your medical records?
Have other doctors commented on the care you received?
Are you still treating for the injury?
What is your current medical status?
Have you requested your medical records yet?
Has another attorney reviewed the case?
Major Disqualifiers
No clear deviation from standard of care
Minimal damages (less than $100,000 in damages)
Statute of limitations has expired
Previously rejected by reputable med mal firm
No permanent injury or death
Known complications that were disclosed
Poor expert reviews
Pre-existing conditions that closely mirror current symptoms
Typical Signup Rate
1-5% of screened cases proceed to representation
Higher rates (10%+) when pre-screening is thorough
Lower rates (<1%) when intake lacks medical background
Fee Structure
Typical Contingency Percentages
40% standard contingency fee
Many states cap total fees by statute
Additional fees may apply for appeals
Costs often exceed $100,000 per case
Referral Fee Ranges
25% of total fee is standard
Some states require proportional services
Fee splits must be disclosed to client
Written fee agreements required
Higher splits (33%) available for pre-worked cases
Pro Tip: Focus initial screening on clear liability cases with significant damages. The best referral opportunities involve major permanent injuries or death where standard of care violations are obvious (wrong site surgery, retained objects, clear medication errors).