How to Sue for Medical Malpractice

How to Sue for Medical Malpractice

Experienced legal counsel is indispensable if you want positive results

Under our legal system, anyone who has standing may sue in a court of law, and is even permitted to represent themselves. However, there are many distinct advantages to retaining a qualified attorney. On this page, Rich & Rich, P.C. walks you through the process for a medical malpractice lawsuit, and alerts you to how an experienced medical malpractice attorney can advance your case.

Step One: Identify the defendants to sue

You or a loved one has been harmed, and you want to hold the responsible party accountable. But just who is that? In many cases, especially in a surgical or hospital setting, there are many possible defendants: primary doctors, specialists, nurses, technicians, the hospital and any companies producing drugs or medical devices may have contributed. An experienced attorney knows the defendants to include and how to amend a complaint if additional potential defendants come to light.

Step Two: Draft your complaint and file it in the appropriate court

This is a much more complex process than filing a complaint against a doctor. You can download a generic complaint form from the Internet, and attempt to fit the details of your case to it. Or you can see a medical malpractice attorney, who will take into account the unique aspects of your case, and emphasize aspects that argue in favor of your recovery. You can guess at the amount of damages to sue for, or consult an attorney who knows from experience. You also must make sure that you’re in the right court. Errors in filing can delay your case, or, if you run up against the statute of limitations or have some defect in your complaint, you can lose your right to have your case heard.

Step Three: Build your case through discovery

Discovery is the process that allows you to examine any information on your case that the defendant holds. It’s an exhaustive and expensive process. An experienced attorney subpoenas the necessary documents and interviews those who participated in your care. We depose principal witnesses to get them on record, under oath. And, importantly, we advance the costs.

Step Four: Enter into negotiations

Once you have a clear idea of who the defendants are, how much in damages to pursue, and the strength of your evidence, you can begin negotiations to settle the case without going to trial. In all likelihood, you will face an experienced insurance defense attorney whose only job is to minimize payouts on insurance policies. If you handle this alone, you’ll be a novice against an experienced professional. With Rich & Rich, P.C. on your side, you have attorneys with more than 20 years of experience and a track record of closing six- and seven-figure settlements. If the case doesn’t settle, we can take it to court, where we’ve been able to obtain verdicts as high as seven figures.

Don’t handle your medical malpractice case alone: Contact an experienced NYC attorney

When you contact an experienced medical malpractice attorney, you get aggressive, knowledgeable counsel who fights for you and advances the costs of your litigation. Call Rich & Rich, P.C. now at 212-406-0440 or contact us online. We offer free consultations at any of our convenient locations:

  • Main Office:  1430 Broadway, Suite 1802, New York, NY 10018
  • Long Island Office: 277 Willis Avenue, 1st Floor, Roslyn Heights, NY 11577

Contact the Firm


New York City Office

1430 Broadway,
Suite 1802,
New York, New York 10018

Roslyn Heights Office

277 Willis Avenue,
1st Floor,
Roslyn Heights, New York 11577