Call Us - We're Easy to Talk To (214) 999-9999

How to Approach a Medical Malpractice Lawsuit as the Plaintiff

Medical malpractice lawsuits involve an allegation that a medical provider fell below what is called the “standard of care” for their chosen specialty, resulting in harm to the plaintiff. The standard of care is what another practitioner in the same specialty would do under the same circumstances. If you believe you have been the victim of medical malpractice, you may wish to follow up with another medical practitioner to uncover what went wrong and to see if any problems can be corrected. You will also likely want to consult an attorney.

Examples of Medical Malpractice

Medical malpractice can result in devastating consequences to a patient, and many people die each year as a result of medical malpractice. A few examples of medical malpractice include leaving objects or instruments inside a patient during surgery, operating on the wrong body part, making an incorrect or delayed diagnosis which results in delayed treatment, and prescribing the incorrect treatment for a particular condition. Sometimes medical mistakes occur but do not result in serious harm to the patient.

Do I need a lawyer?

Medical malpractice cases can be complex, and most medical providers will have a lawyer on their side–so it’s a good idea to consider hiring one also. If you think you have been a victim of medical malpractice, you will likely want to contact a law firm, such as McLaughlin & Lauricella, P.C. for a consultation. It is sometimes difficult to tell if you have been a victim of medical malpractice unless a professional examines your medical records. In most medical malpractice cases, an expert is required who can tell a jury what the medical practitioner did wrong that resulted in the plaintiff’s injury.

What should I expect if I file a claim?

Most doctors and other medical providers are not quick to settle a claim because this can affect their medical licensing and reputation and cause insurance costs to go up. Because these cases can involve multiple experts, they can take time to litigate. Both sides will have a chance to request evidence from the other side, such as any records and witness lists. Prior to trial, many cases are set for mediation to see if a settlement agreement can be made.

Medical malpractice can result in devastating losses and even death. Filing a claim can help recoup some of the losses due to medical bills, rehabilitation costs, lost wages and other expenses.

This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her four-year-old husky Snowball.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

Find us on your preferred network