Anyone who has suffered from malpractice can hire a malpractice lawyer. A malpractice lawyer can work for the medical facility or doctor. They can also work for the patient who was the victim. On the side of the victim the malpractice lawyer will have to show the doctor, nurse, or medical facility in general was negligent in their care.

A malpractice lawyer on the side of the hospital or doctor will have to prove they were not negligent. These cases are usually seen with a jury and judge who must determine where the fault, if any, lies. The malpractice lawyer or lawyers handling the cases must do their part in showing the evidence. If the patient wins the case they are often awarded monetary compensation.