Process guide

How Medical Malpractice Lawsuits Work

Direct answer

A medical malpractice lawsuit moves through seven stages: intake and records review, expert evaluation, state-required pre-suit steps, filing the complaint, discovery, mediation or settlement, and — if needed — trial. Most cases take one to three years and resolve before trial.
  1. 01

    Intake & records

    Free, confidential intake. Complete medical records, billing, and imaging are gathered.

  2. 02

    Expert review

    A qualified medical expert evaluates whether the standard of care was breached and caused harm.

  3. 03

    Pre-suit steps

    State-required notices, certificates, or panel reviews are completed where mandated.

  4. 04

    Filing the complaint

    If the case is viable, suit is filed in the proper court within the limitations period.

  5. 05

    Discovery

    Depositions, written discovery, and expert disclosures build the evidentiary record.

  6. 06

    Mediation / settlement

    Many cases resolve through negotiation or court-ordered mediation.

  7. 07

    Trial or resolution

    Cases that don't settle proceed to jury trial. Either party may appeal.

State pre-suit rules vary widely

Many states require an injured patient to do specific things before filing — issue formal notice, obtain a certificate of merit, or submit the case to a screening panel. Missing one of these requirements can defeat a meritorious claim.

See the statute of limitations guide and your state-specific page for details.

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