{"id":353164,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/medical-malpractice\/first-steps-in-a-medical-malpractice-case.html"},"modified":"2026-07-23T12:59:00","modified_gmt":"2026-07-23T17:59:00","slug":"first-steps-in-a-medical-malpractice-case","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/first-steps-in-a-medical-malpractice-case.html","title":{"rendered":"Starting a Medical Malpractice Case: First Steps"},"content":{"rendered":"\n
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First Steps in a Medical Malpractice Claim<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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Featuring real-world insights from Michael Dalton<\/a>, a Delaware attorney with more than ten years of experience.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The legal process for a medical malpractice claim starts with identifying negligence. You can seek advice from other doctors and experienced lawyers<\/span> to help. Next, you’ll need to know your state’s filing deadline. Then, you will have to complete a certificate of merit before filing in court.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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Medical malpractice cases arise when a patient is injured because a healthcare professional failed to meet the accepted standard of care. These cases can be difficult for the injured person or their family.\u00a0<\/p>\n

The process can be overwhelming, especially when dealing with serious medical complications. You’ll need to complete several tasks before you can bring your claim to a courtroom.<\/p>\n

Below are some basic first steps in bringing a medical malpractice lawsuit. No matter where you are in the legal process, it’s a good idea to get legal advice. Find a medical malpractice lawyer<\/a> near you to get a case review.<\/p>\n

How To Tell if a Medical Care Provider Was Negligent<\/h2>\n

The majority of healthcare providers aim to exercise the highest standard of care for all patients, but mistakes happen. As medical malpractice lawyer Michael Dalton<\/a> puts it, “Almost everyone we speak with has had a bad experience with a medical provider or institution. Bad outcomes happen regularly in medicine, but a bad outcome alone is not negligence.”<\/span><\/p>\n

You or a loved one may have a\u00a0medical malpractice<\/a> claim if you suffered a personal injury due to:<\/p>\n