Medical malpractice lawsuits arise when healthcare practitioners fail to deliver patient care that meets accepted professional standards, resulting in harm. While these cases can be complex and emotionally challenging, understanding what’s involved in filing, presenting, and winning a medical malpractice lawsuit can help you navigate the legal system more effectively.
Here’s what you need to know to make informed decisions moving forward.
You’ll need to file a lot of paperwork
Filing a lawsuit isn’t something to be taken lightly, and when you pursue a medical malpractice lawsuit, you’ll have a lot of paperwork to file. This paperwork needs to be filed on time, which includes the initial lawsuit. In Kentucky, for example, you have one year from the date of your injury to file your lawsuit. The statute of limitations varies by state, so talk to a lawyer as soon as possible. If you miss the deadline to file, you won’t be able to seek compensation.
You’ll need a medical malpractice lawyer
There’s no way around it – you will absolutely need a medical malpractice lawyer. You never want to file a serious lawsuit like this on your own because the opposition will be fierce. You need someone who knows the law, knows the legal system, and will fight for your rights to get you the compensation you deserve.
Another reason for hiring a lawyer is that some states have requirements you must meet before filing a lawsuit. For instance, you might be legally required to send a letter to your provider or have your injuries verified by a neutral medical professional.
Since medical malpractice lawsuits can be expensive, most people choose lawyers who will work on a contingency basis. That’s where you don’t owe anything until and unless you win your case. At that point, your lawyer will simply take a percentage from each settlement check you receive and send you the rest. However, it’s important to have a clear understanding of exactly what this percentage will be so you aren’t surprised.
You must establish key elements
You’ll be required to establish certain facts in order to pursue a medical malpractice lawsuit.

- Establish the existence of a doctor-patient relationship. You’ll need to prove that you had a formal relationship with the healthcare provider you’re suing. This requires proving they agreed to treat you and provide you with care. To prove this element, you’ll need medical records, like appointments, treatments, and bills.
- Prove they violated the Standard of Care. There are set accepted medical standards that healthcare providers must meet. These standards can vary by location, but they are absolute. If your healthcare provider did not adhere to the accepted Standard of Care, you can find expert witnesses to support your claims and explain how your provider deviated.
- Prove damages. Mistakes alone aren’t enough to warrant a medical malpractice lawsuit. You need to prove that your provider’s negligence directly caused harm. For example, this can include if you were injured, had to get additional medical care, take time off work, etc.
You’ll need detailed documentation
To be successful, you’ll need quite a bit of documentation, including all of your medical records, testing results, treatment plans, communication with providers (emails, texts, and documented phone calls), photos of your injuries, a detailed timeline of events, and also documentation related to your expenses or other related losses.
Be prepared to settle
While it’s true that some cases do go to trial, most settle out of court. Jury awards are typically larger than settlements, like the man who won a $239 million judgment after a botched surgery left him paralyzed, but juries are also unpredictable. If your attorney advises you to settle, listen to their expertise and allow them to negotiate a fair settlement on your behalf.
Move forward with your case
Pursuing a medical malpractice lawsuit is a bold decision, but it’s often the right choice. While only a licensed attorney can tell you if you have a strong case, having thorough documentation will give you a better chance of winning your lawsuit and recovering fair compensation.
If you haven’t done so, get a free consultation with an attorney in your area to have your case evaluated. They’ll advise you on your next steps, and if you choose to pursue a lawsuit, they’ll help you understand the process in detail.
Don’t try to go it alone. Healthcare providers are represented by skilled attorneys who will intimidate you and make sure you lose. Hiring an attorney will give you the best chance of winning your case and getting properly compensated.