Medical malpractice cases are complex and expensive to bring, so lawyers choose carefully. Knowing what makes a case viable helps you decide when to seek help.
Signs a case may be worth reviewing
- A serious injury or death that seems linked to a treatment error.
- A misdiagnosis or delayed diagnosis that made your condition worse.
- Surgical errors, wrong-site surgery or retained objects.
- Medication errors.
- Birth injuries.
How lawyers evaluate
They review medical records and often consult medical experts to decide whether the care fell below the standard and caused harm. Damages must be large enough to justify the cost, since expert fees can be high.
What to do
- Request your medical records promptly.
- Write a timeline.
- Keep bills and notes.
- Check your state's deadline, which can be short.
- Contact a malpractice lawyer, many of whom offer free case reviews and work on contingency.
Other options
You can also file a complaint with your state medical board. See our guide to medical malpractice basics.
Frequently asked questions
Will a lawyer take any case?
No. They usually accept only cases with strong evidence and damages.
Do I need an expert to sue?
Almost always.