May 28, 2023

Medical Negligence: The Steps to Take When Suing a Negligent Medical Provider

If you have been harmed due to the medical negligence of a doctor, nurse, hospital, or other medical experts, you must know how to file a medical malpractice lawsuit if you want to sue the negligent party. As a patient, you trust your doctor to give you the best medical care possible. But medical error and negligence can result in serious and even life-threatening harm. You can learn more about the steps for suing a medical professional for medical negligence below:

Hire a Lawyer

After sustaining an injury because of medical negligence or error, you must speak with an attorney to know your rights and legal options. You must not wait to see an attorney since there’s a statute of limitations to follow. You need to be able to file a lawsuit against the negligent party within two years from the date of injury.

Start an Investigation

Your attorney will start conducting a thorough investigation of your case and assess the evidence you give them. You and your attorney will have to talk about your health condition, the treatment you received because of your injury, your medical costs, and any complications you may be experiencing. An investigation will help your lawyer determine your case’s strength and validity. 

Discuss Your Settlement Options

Most personal malpractice lawsuits are resolved during settlements without going to court. Your lawyer will talk to you about the possible outcomes of your case and help you determine if accepting a settlement offer is the best option for you. Settling your case or going to court is a decision you can make. When you make a decision, you must consider the strength of your evidence, the value of your case, and the defendant’s resources. 

File a Lawsuit

It can take up to two years before a medical malpractice case can be brought to trial. When you decide to sue your doctor, your lawyer will follow the pretrial procedures of the state and cover all angles before your case starts.


During this process, both parties study your medical malpractice case and interview witnesses to get relevant information. The discovery process allows both parties to find ways to strengthen their respective case. 

Negotiate a Settlement

Your attorney can negotiate a fair settlement with the negligent party. If the other party accepts your compensation demand, your case gets settled.

Go to Trial

If negotiations with the negligent party fail, you can proceed with a lawsuit. Your attorney can file it for you and represent you at the court trial.

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