How do you file a medical malpractice case?


When the negligence of a doctor or other medical professional causes harm or injury, you may have a medical malpractice case on your hands. This type of case can occur through diagnosis errors, the wrong treatment, poor health management, or misguided aftercare. Due to the personal nature of medical malpractice cases, these cases are more difficult than most legal cases to sift through. We have put together a few useful suggestions if you ever find yourself filing a medical malpractice lawsuit.

How to Prove Your Medical Malpractice Case

Once you believe you have experienced mistreatment by a medical professional, you should seek legal advice from a medical malpractice lawyer. However, if multiple lawyers do not want to take your case, it could be because you do not have a case worth pursuing. To prove a medical malpractice case you must prove two things: your treatment did not meet the standard of care, and this mistake or lack of treatment directly caused the injury. According to attorney Steven D. Patti

A medical malpractice case can be intricate and difficult. In order to succeed, you must establish that there was a deviation from the standard of care in the community and that the deviation was a direct cause of any injury to you. In most cases, this is proven through the use of an expert witness hired to testify about the standard of care applicable, the deviation from that standard of care, and the harm the deviation caused.”

How to Choose the Best Medical Malpractice Attorney

It can be daunting to sift through large Google searches for a medical malpractice attorney. But there are certain qualities you should be looking for in your medical malpractice attorney. Michele Colucci notes

Experience, experience, experience! Most important is the types of cases the lawyer has handled that are most like yours, when they handled it, and with what results. Also ask the percentage of time they spend on medical malpractice cases. If it’s 1% or 5%, they’re probably not as well versed in the latest laws or they may not get many clients who want to hire them.”

Attorney Colucci suggests you seek out experience with medical malpractice cases, and beware of attorneys with a small share of their practice devoted to medical malpractice. Be sure you feel comfortable working with this attorney for an extended period of time. There are multiple appointments and phone calls between the attorney and client with most medical malpractice cases.

Other Reminders

When looking for an attorney to represent you, it is important that they are financially stable. Expert witnesses can be expensive. You want to make sure that your attorney can afford to take your case to trial if that becomes necessary. Leighton Rockafellow advises

As with anything, shop carefully for a medical malpractice lawyer. This is a technical specialty that is handled only by very qualified lawyers.”

Lastly, it is also vital to document your medical malpractice case immediately after it occurs. Take notes as events occur, and keep all records and prescriptions to use later as evidence. It is important to speak to an attorney immediately after this mistake occurs. With more time, medical malpractice cases are difficult to pinpoint on the cause. Time can exasperate injuries.