The Basics of Filing a Medical Malpractice Claim

Medical malpractice claims arise when a healthcare provider fails to meet the standard of care, leading to patient harm. Navigating a malpractice lawsuit can be challenging, requiring strong legal representation and sufficient evidence to prove negligence.

This guide explains everything you need to know about medical malpractice claims, including how to determine if you have a valid case, the steps involved in filing a lawsuit, common challenges, and how settlements compare to trials.

What is Medical Malpractice?

Definition of Medical Malpractice
Medical malpractice occurs when a doctor, nurse, or healthcare provider breaches the standard of care, resulting in patient injury or death. This breach could be due to misdiagnosis, surgical errors, medication mistakes, or negligence in post-operative care.

Key Elements of a Medical Malpractice Case
To successfully file a malpractice lawsuit, you must establish:

• Duty of Care – The healthcare provider had a professional obligation to treat you.
• Breach of Standard of Care – The provider’s actions deviated from accepted medical standards.
• Causation – The provider’s negligence directly caused your injury.
• Damages – The injury resulted in measurable harm (e.g., medical expenses, lost income, pain and suffering).

Do You Have a Valid Medical Malpractice Case?

Signs You May Have a Malpractice Claim
If any of the following apply to your situation, you may have a case:

• A doctor’s misdiagnosis or delayed diagnosis led to serious harm.
• A surgical error resulted in unexpected complications.
• A medication error caused adverse effects or a worsened condition.
• The hospital provided inadequate post-treatment care, leading to worsening health.
• A medical procedure was performed without informed consent.

If you’re unsure whether your situation qualifies, consult a medical malpractice attorney who can evaluate your case.

 

Steps in Filing a Medical Malpractice Claim

Gather Medical Records and Evidence

• Obtain copies of all relevant medical records, including test results and treatment plans.
• Document your symptoms and how they have changed since the incident.
• Keep receipts and financial records related to additional medical treatments or lost wages.

Consult a Medical Malpractice Attorney
An attorney specializing in medical malpractice can:

• Assess the strength of your case.
• Help gather expert testimony to prove negligence.
• Guide you through state-specific malpractice laws.

File a Lawsuit Before the Statute of Limitations Expires
Each state has different time limits for filing a medical malpractice claim. Generally, the deadline ranges from 1 to 3 years from when the injury was discovered. Missing this deadline could forfeit your right to compensation.

Obtain an Expert Medical Witness
An expert witness—a qualified medical professional—can review your case and testify that your provider failed to meet the standard of care. Expert testimony is often required for malpractice cases to proceed.

Begin Pre-Trial Negotiations
Before the case goes to trial, your lawyer may negotiate a settlement with the healthcare provider’s insurance company. Many malpractice claims are settled out of court.

Prepare for Trial (If Necessary)
If a settlement isn’t reached, the case will go to trial. Your lawyer will present evidence, call witnesses, and argue on your behalf. The judge or jury will determine whether malpractice occurred and decide the amount of compensation.

 

The Role of Expert Witnesses in Medical Malpractice Cases

Why Expert Testimony Matters

• Establishes the accepted medical standard of care.
• Helps prove that the doctor’s actions deviated from this standard.
• Provides credibility to your claim in court.

Example: If a patient suffered complications after surgery, a surgeon from the same field might testify that the operating doctor failed to follow proper procedures.

 

Common Challenges in Medical Malpractice Lawsuits

Proving Negligence is Difficult
Unlike other personal injury cases, proving that a doctor made an unreasonable mistake can be complex. The defense may argue that:

• The patient’s condition was already severe.
• The complications were a known risk of the procedure.
• The provider followed standard medical practices.

The Statute of Limitations Can Prevent You from Filing
If too much time passes, you may lose your legal right to sue. Always consult an attorney immediately after discovering the malpractice.

Hospitals and Doctors Have Strong Legal Defenses
Hospitals and insurance companies have skilled lawyers who will attempt to minimize their liability or shift blame onto another party.

The Cost of Litigation Can Be High
Medical malpractice cases require extensive resources, including hiring expert witnesses and gathering medical records. Many attorneys work on a contingency fee basis, meaning they only get paid if you win.

 

Medical Malpractice Settlements vs. Trials

When to Settle a Malpractice Case
A settlement is often preferable when:

• The defendant offers a reasonable compensation amount.
• You want to avoid the stress and uncertainty of a trial.
• The case is not strong enough to guarantee a win in court.

When to Take a Case to Trial
A trial may be necessary if:

• The insurance company offers an unreasonably low settlement.
• You want to hold the healthcare provider publicly accountable.
• The damages suffered are significant and warrant a higher payout.

What is the Average Settlement Amount?
Settlement amounts vary depending on the severity of the injury. On average:

• Minor injuries: $50,000 – $200,000
• Serious injuries: $300,000 – $1 million
• Life-altering injuries: $1 million+

However, every case is unique, and an attorney can provide a more accurate estimate based on your situation.

 

How to Find the Right Medical Malpractice Attorney

Qualities to Look For

• Experience handling medical malpractice cases.
• Strong track record of winning settlements and verdicts.
• Ability to access medical expert witnesses.
• Works on a contingency fee basis (you don’t pay unless you win).

Questions to Ask a Lawyer Before Hiring

• How many medical malpractice cases have you handled?
• What are your fees, and do you work on contingency?
• What strategies do you recommend for my case?
• How long do you expect the case to take?

Frequently Asked Questions (FAQs) on Medical Malpractice

What qualifies as medical malpractice?
Any situation where a healthcare provider’s negligence causes harm, including misdiagnosis, surgical errors, or medication mistakes.

How long do I have to file a malpractice lawsuit?
It depends on your state. Most states allow 1-3 years from when you discovered the injury.

What compensation can I receive?
You may be eligible for:

• Medical expenses (past and future treatment costs).
• Lost wages if you are unable to work.
• Pain and suffering damages.
• Punitive damages in cases of extreme negligence.

Can I sue a hospital for a doctor’s mistake?
Yes, if the doctor was an employee of the hospital. If they were an independent contractor, the claim would be against the doctor.

 

Protect Your Rights and Seek Legal Help

Medical malpractice claims are complex but can provide victims with the justice and compensation they deserve. If you or a loved one has suffered due to medical negligence, don’t wait—consult a malpractice attorney as soon as possible.

Contact Matzus Law, LLC Today

If you believe you have a malpractice case, speak with an experienced attorney to discuss your legal options. Many lawyers offer free consultations and work on a contingency fee basis—you only pay if you win.

Take the first step toward justice. Contact Matzus Law, LLC now!