What Are the Chances of Winning a Lawsuit Against a Hospital? Digging Into the Details
Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.
When a hospital makes a mistake—whether due to poor communication, staff errors, administrative oversights, or negligent medical care—the effects on patients and their families can be life-altering. If you’re considering legal action, it’s natural to ask: What are the chances of winning a lawsuit against a hospital?
The truth is, medical malpractice cases are complex and challenging. National data shows that hospitals and physicians prevail in 80% to 90% of cases with weak evidence of negligence. In borderline cases, where negligence is questionable or unclear, providers win about 70% of the time. Even in cases backed by strong evidence, healthcare providers still succeed in nearly 50% of trials.
These numbers demonstrate just how critical it is to work with an experienced legal team that knows how to build a powerful case, negotiate strategically, and fight relentlessly when needed.
At Hughes and Barnard Law Firm, PA, our attorneys bring over 75 years of combined experience in personal injury law. We have recovered over $150 million on behalf of clients across Florida. When hospitals and insurers try to deflect blame or avoid accountability, we have the knowledge, resources, and courtroom experience to fight back—and win.
Understanding the Statistics: Why Winning Isn’t Easy—But Is Absolutely Possible
Medical malpractice cases are unlike any other type of personal injury claim. The legal burden is higher, and healthcare providers are typically represented by teams of attorneys backed by deep financial resources. Here’s a deeper look at the statistics:
Weak Evidence
If the medical records and facts don’t clearly show a deviation from the standard of care, hospitals win 80–90% of the time.
Borderline Cases
When it’s unclear whether negligence truly occurred, or the damages are difficult to prove, about 70% of cases favor the healthcare provider.
Strong Evidence of Negligence
Even when serious mistakes are well-documented, hospitals and doctors still prevail in 50% of these trials, showing the uphill battle victims face.
Settlements Matter
It’s important to note that a significant portion of malpractice cases are resolved through out-of-court settlements. These settlements provide compensation to victims without the risks of going to trial, but they are not reflected in trial win/loss statistics.
Factors That Influence the Outcome of Hospital Negligence Cases
Winning a lawsuit against a hospital depends on a combination of variables:
- Strength of the Evidence – Medical records, expert testimony, and clear documentation of negligence play a central role.
- Complexity of the Case – Highly technical cases or rare complications may be harder for a jury to understand, which benefits the defense.
- Quality of Legal Representation – Having a seasoned legal team makes a significant difference in how evidence is presented and how negotiations unfold.
- Expert Witnesses – Medical experts must be able to explain clearly what went wrong and why it matters.
- Jury Perception – Hospitals and doctors are often held in high regard, and jurors may be reluctant to assign blame without irrefutable proof.
This is why it’s essential to have a law firm that knows how to handle these challenges and build a case that resonates with judges, juries, and insurance adjusters.
What Are the Chances of Winning a Wrongful Death Suit?
If you’ve lost a loved one due to hospital negligence or medical errors, the pain and sense of injustice can be overwhelming. Many grieving families ask: What are the chances of winning a wrongful death suit?
These claims are emotionally charged and legally complex—but with experienced representation, families can find justice and financial relief. The same rules apply: The stronger the evidence, the better the chance of a favorable outcome, though even strong cases can be difficult. That’s why it’s crucial to have a proven legal team by your side.
Why Choose Hughes and Barnard Law Firm, PA?
At Hughes and Barnard, we bring unmatched dedication, deep experience, and proven results to every case we handle.
Over 75 Years of Combined Legal Experience
Our attorneys have spent decades investigating, litigating, and negotiating personal injury and medical malpractice claims. We understand the system—and how to work it in your favor.
More Than $150 Million Recovered for Victims
Our success speaks for itself. We’ve helped thousands of clients recover the compensation they need to move forward after serious injury or loss.
Victim-Only Representation
We don’t work for hospitals. We never defend insurance companies. Our sole focus is on helping injured victims and grieving families seek justice.
Trial-Ready Strategy
We prepare every case as if it’s going to trial. This approach not only improves outcomes in court—it strengthens our negotiating position during settlement discussions.
What We Do for You
- Conduct a full investigation of your case
- Work with top medical experts to analyze your claim
- Handle all negotiations with hospitals, physicians, and insurers
- Build a compelling legal argument to maximize your compensation
- Take your case to trial if a fair settlement cannot be reached
Don’t Face the System Alone—Let Us Fight for You
Whether you’re dealing with the aftermath of a botched surgery, a delayed diagnosis, or a tragic loss of life due to medical error, we’re here to help. At Hughes and Barnard Law Firm, PA, we are committed to providing honest guidance, aggressive representation, and compassionate support from start to finish.
Contact us today for a free, no-obligation consultation and learn how we can help you hold the hospital accountable and secure the compensation you deserve.
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