How to File a Malpractice Lawsuit: A Guide

There are over 17,000 malpractice lawsuits filed in the United States annually. And the average doctor will have a malpractice suit filed against them once every seven years. 

If you suspect that you’re a victim of malpractice, it’s time to seek the compensation you deserve. But, because malpractice isn’t overly common, most people aren’t aware of the steps to take to file a malpractice lawsuit.

Don’t miss out on your compensation just because you’re unsure of the process. Keep reading to learn more about filing a malpractice lawsuit. 

Hire an Experienced Attorney

Wondering how to file a malpractice lawsuit? The very first step you should take is hiring an experienced malpractice attorney. 

A malpractice lawyer is well versed in all the aspects of malpractice lawsuits. They will be able to tell you if you have a good case and if it would be in your best interest to file or not. If you do choose to file, they can then walk you step-by-step through the entire process. 

They’ll know exactly what evidence you’ll need to increase your odds of successful compensation. In addition, they’ll handle the actual filing process for you, so you don’t need to enroll in law school to understand all the paperwork. 

Gather Your Medical Evidence

One of the best tips for filing a malpractice lawsuit is to make sure you gather all the evidence possible to improve your odds of success. 

When it comes to a malpractice suit, your medical records are going to be the most important pieces of evidence. Make sure you gather records from before, during, and after the malpractice incident. These will help prove that the issue was directly caused by negligence and not an existing issue. 

Once you provide these medical records to your attorney, they will be able to analyze all the data available. In addition, they can gather potential witnesses that may be beneficial to proving your case. 

Consider Any Settlement Offers

A small fraction of medical malpractice lawsuits actually goes to trial. Odds are, once the medical professionals and insurance agencies involved are made aware of the suit, they’ll provide a settlement offer. 

Taking a settlement offer means you receive guaranteed compensation. A settlement will also save you months or even years of time that it takes malpractice suits to go to trial. 

But, by taking a settlement, you may receive a smaller amount of money than possible through trial. If you want to take your case to trial but don’t have the funds to wait that long, consider medical malpractice funding

Your attorney will be able to help you decide on whether you should go with a settlement or proceed with your case. 

File Your Malpractice Lawsuit Today

After reading this article, you’re ready to file your malpractice lawsuit. 

Remember to hire the best malpractice attorney to help make the filing process go smoothly. From there, you’ll want to gather all your medical evidence. Finally, you’ll need to consider any settlement offers that are provided and decide if you want to accept them or take your case to trial. 

Looking for advice to help get you through the lengthy malpractice trial? Be sure to head to the Legal section of this site for more articles.