What to Expect During a Medical Malpractice Lawsuit

You walked into a hospital expecting to walk out healthier. Instead, you left with more complications than a soap opera plot. Sounds familiar? Well, you might be dealing with medical malpractice. And no, you’re not the only one.

Medical errors are the third leading cause of death in the US.., right after heart disease and cancer. That’s a terrifying stat, especially when you realize the thing that’s supposed to help you might hurt you instead.

So now you’re thinking about a lawsuit. Fair. But what should you expect? Let’s break it down.

1. Realization and Research

Something felt off after your treatment. Maybe you didn’t heal properly, or new symptoms popped up. You probably Googled it, convinced yourself you’re dying, and then realized maybe it wasn’t your body. Maybe it was your doctor.

At this point, don’t storm into the hospital yelling, “I’ll see you in court!”

Instead:

● Document everything. Medical records, prescriptions, discharge instructions, everything you can think of.

● Consult another doctor. Get a second opinion. If they raise an eyebrow and say, “Wait, they did what to you?”, that’s a sign.

● Talk to a lawyer. You probably can’t do this by yourself. Get a proper legal representation.

2. The Legal Consultation

A medical malpractice attorney works on a contingency basis, meaning they only get paid if you win or settle. So, you don’t need to show up with a briefcase full of cash.

At the first consultation:

● Be honest. Tell the whole story, even if some parts make you look bad.

● Ask questions. What are the odds of winning? How long could this take? Is this worth the stress?

Your lawyer will evaluate your case’s viability. Malpractice cases are notoriously hard to win. Only about 27% of plaintiffs win their cases in court. But that doesn’t mean settling is off the table.

3. Filing the Lawsuit

Once your lawyer decides your case has legs, they’ll file a complaint in court. This kicks off the formal lawsuit process.

The complaint will include:

● Who you’re suing (the doctor, hospital, or the nurse who sneezed mid-procedure),

● What did they do wrong

● How did that cause you harm

● What kind of damages do you want (money, obviously)

Expect the defense to deny everything. That’s standard. No one throws their hands this early.

4. Discovery

This is the most drawn-out part of the process.

It’s like the lawsuit version of digging through someone’s text messages. Both sides gather evidence, and it’s not quick. This phase can take months or even years, depending on how complex the case is.

You’ll likely experience:

● Depositions – These are interviews under oath. You’ll answer tons of questions from the opposing side’s lawyer.

● Interrogatories – Written questions that require written answers. Yes, even lawsuits have homework.

● Requests for records – They’ll ask for everything from your medical history to your social media.

5. Expert Witnesses

You can’t win a malpractice case without expert testimony. Experts are doctors who testify that your treatment fell below the standard of care. They’re specialists who get paid a lot to say, “Yeah, that was pretty bad.”

The defense will have its own expert witnesses, too. It’s a battle of white coats.

These experts will:

● Review all medical records

● Give written reports

● Possibly testify in court

Remember, experts don’t always agree. Which is why lawsuits go to trial in the first place.

6. Mediation and Settlement: Let’s Make a Deal

Before things go to trial, most courts require mediation – a meeting where both sides try to settle with the help of a neutral third party.

And guess what? Over 90% of malpractice cases settle before trial. Why?

● Trials are expensive.

● Trials are long.

● Trials are public.

Settling isn’t admitting guilt. It’s more like saying, “Let’s stop bleeding money.”

If you settle, congrats! You’ll sign a bunch of papers, collect your compensation (after your lawyer takes their cut), and move on with your life. If not…

7. Trial

…then you get ready for a trial. These typically involve:

● Opening statements

● Witness testimonies (including you),

● Expert duels (in words, not swords),

● And closing arguments.

A judge or jury will decide whether your doctor was negligent and, if so, how much they owe you. Keep in mind, juries can be unpredictable. Some feel sorry for injured patients, others trust doctors more. It’s a coin toss made of human emotion.

If you win, you’ll receive damages, which can include:

● Economic damages – medical bills, lost wages.

● Non-economic damages – pain and suffering, loss of enjoyment of life.

● Punitive damages – if the doctor’s actions were downright outrageous (think operating on the wrong leg, kind of bad).

8. Appeals

Even if you win, the other side might appeal. That means the case goes to a higher court. Appeals don’t involve new evidence. They’re about whether the original trial was fair.

Appeals can take months or years. You may be waiting longer for justice than your grandma’s been waiting for her hip replacement.

Final Thoughts: Is It Worth It?

That’s the big question, right? If your injury left you unable to work, support your family, or even function normally, holding someone accountable is worth it. Just know that the process won’t be quick or easy.

But hey, you’ve already been through a bad medical experience. A lawsuit might just be the chapter where you take back some control.