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If a review links the care you received to the harm, consider whether the possible recovery makes a medical malpractice lawsuit worth the cost of pursuing it. Don't let a disappointing outcome answer either question. Before you decide whether to file a lawsuit, you can have someone review the case.
Maybe you want help paying medical bills; having someone explain what happened could matter to you instead. Don't dismiss either. Before you commit to litigation, ask a lawyer what a claim could realistically do for you; those goals differ.
Separate the outcome from the care
Something's gone wrong. Even if the outcome was frightening or unexpected, what matters now is whether the medical care caused harm that could support a claim.
Commenters in the discussion “Medical malpractice intakes infuriate me” on Reddit's r/paralegal say that explaining why a poor outcome isn't the same as negligent care can be hard. Don't use those anonymous comments to judge your treatment; they aren't legal authority. Ask your lawyer the question those comments suggest: how does the suspected mistake connect to the injury?
Ask which part of the chart supports your concern, and have the lawyer explain it clearly. What isn't clear? Ask what records or medical review would help if the lawyer can't yet assess the connection.
Look at what a claim could mean financially
The article “Is a medical malpractice suit worth it?” says people may bring these claims for financial compensation, which could help with medical bills. You can't tell how your case might turn out from that possibility.
You'll spend money pursuing a claim. The article “How Much Does It Cost to Sue Someone for Medical…” says pursuing malpractice cases is often expensive. Ask the firm what its fees are and how it handles case expenses before you sign an agreement.
Focus on what you might keep, not only a proposed settlement amount. Have the firm write the figures down. Have the lawyer show the firm's fee and any expenses it expects to deduct in the illustration, then ask what else could reduce what you keep instead of relying on a headline figure.
| Your concern | Ask the lawyer |
|---|---|
| Whether the care caused the injury | What supports that connection, and what still needs review? |
| Whether the claim makes financial sense | How do the possible recovery and expected costs compare? |
| What the fee agreement means | What would I owe if the claim succeeds or doesn't succeed? |
| How much participation is involved | What would you need from me, and how would that fit around treatment? |
| Whether there's time to act | What statute of limitations applies to my situation? |
Don't overlook the personal cost
Consider more than money. Think about how much attention you can give a claim when you're recovering or caring for someone else. Ask the firm what it'd expect you to do if you agree to proceed.
As “The Dos and Don'ts of Medical Malpractice” explains, these claims involve complex legal and technical questions. You can seek help without sorting out the medical questions yourself; ask the lawyer to explain what the records show and what they still need to look into.
If you're mainly looking for an explanation or acknowledgment, tell the lawyer, then ask whether litigation fits that goal and if another route is worth considering. You won't necessarily get the answer you're looking for through a financial claim.
Get advice about the rules where you live
Where you live affects the rules. Ask a lawyer in your state or province how the rules apply, including the statute of limitations. You can start with our state pages or Canada pages. Someone else's deadline isn't necessarily the one that applies to you.
What to do next
When you write down your concerns about the care, include how the harm has affected you. Put your bills together with any medical records you already have. Before you sign, have the reviewing lawyer clearly explain the fee agreement and the deadline that applies, and ask what else they need from you.
Before you decide whether to sue, you can find out if the claim needs to be looked into further.