How to File a Malpractice Lawsuit? Here’s What You Should Know

How to File a Malpractice Lawsuit? Here’s What You Should Know

By Pyle Law, Reviewed by E. Thomas Pyle May 03 2024 7:17 pm

Filing a medical malpractice lawsuit can help you obtain justice against a healthcare provider or institution that caused you harm. Although many steps are involved, contacting an attorney helps build a solid foundation for your lawsuit.

Working closely with an attorney has many benefits, including an initial evaluation of your case. If you’re unsure of your rights as an injured victim, an attorney can give you better insights on protecting them.

More importantly, an attorney will create a strategy for approaching your case and representing you before a judge or a jury.

Never wait to consult a trusted Kansas medical malpractice attorney who can assess your legal options. 

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider provides treatment services that don’t meet proper standards of care. An act or omission can be considered medical malpractice.

A healthcare provider is considered guilty of medical malpractice if they provide treatment services that fall below the level of care a similarly trained professional would have offered.

Medical malpractice can be committed by any health provider offering competent care, including nurses, surgeons, radiologists, and doctors.

Here are a few examples of medical malpractice:

• Misdiagnosis
• Delayed diagnosis
• Incorrect treatment
• Surgical errors
• Birth Injuries
• Emergency room negligence
  

The Step-by-Step Process to File the Lawsuit

Here are the steps to follow when filing a lawsuit against a healthcare provider or hospital that caused you physical harm:

• Step 1: Determine if you’re within the statute of limitations of medical malpractice lawsuits in Kansas.
• Step 2: Gather various sources of evidence, including medical records, test results, images of the injury, and prescription notes.
• Step 3: Determine the liable party. While a healthcare provider is usually a party to medical malpractice, a hospital may escape liability even if the injury occurred on its premises.
• Step 4: Initiate the lawsuit by filing a petition in a local court outlining the case details, including the alleged negligence.
• Step 5: The discovery phase involves exchanging information, requests for documents, and depositions. 
• Step 6: Settlement negotiations or full trial. During the lawsuit, you can utilize opportunities for settlement. If you can’t agree, the case proceeds to trial.

When Can You File a Medical Malpractice Lawsuit?

You can file a medical malpractice lawsuit anytime a health care center or provider acts negligently and causes you harm. 

You must also establish the following four elements in medical malpractice:

• Duty of care owed to a patient
• Breach of duty of care
• Breach of duty of care caused injury to a patient
• The patient suffered economic and non-economic losses as a result of injury or illness

Get in Touch With an Experienced Kansas Medical Malpractice Lawsuit Attorney

While you’re entitled to compensation in a medical malpractice lawsuit, defendants often hire highly experienced attorneys, which can affect the outcome of your case. You need representation from an experienced Kansas medical malpractice attorney who’ll aggressively protect your right to compensation.

Pyle Law personal injury attorney has a proven track record of representing injured victims. Contact us online or at (620) 241-9000 for a free consultation.