Steps in a Medical Malpractice Lawsuit – File a Malpractice Claim



After you speak with an attorney, they will begin the steps for your medical malpractice case. Depending on the complexity of your case, the timeline can range from a few months to a few years. It is important that as the victim of medical malpractice, you know what steps are involved in this process.



file a malpractice claim


The first step after choosing a medical malpractice lawyer is to prepare your case. When you speak with a lawyer, you will have to prove that there was a doctor-patient relationship with the physician and the actions he/she took in your medical care were harmful and led to further injuries. During this stage of the process, the attorney will review your medical records, bills, and all information relating to your conditions. To prove your case, the attorney will bring in medical professionals who specialize in the field that is related to your diagnosis.

File Your Case

If there is clear evidence to support your case, the attorney will begin to file your case. Each state has different policies concerning the time it will take to go to trial, but it can be expected to take one to three years.


Depending on the complexity of the case, it is possible for mediation to come to a settlement without going to trial. If your case can be settled out of court, it may still take up to a few years to complete.

Medical Malpractice trials are lengthy and require strong evidence to prove that there was negligence. The more experts and witnesses who testify on your behalf, the more likely you are to win a settlement. Examples of medical malpractice cases include misdiagnosis, medical error, anesthesia error, surgical error, or birth error.

If you are considering bringing your case to court, make sure you speak with a medical malpractice attorney at Rob Levine & Associates. We work hard to make sure that you get the justice you deserve.

FAQs About Your

Medical Malpractice Case

How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
  • Access information regarding your case that is accurate, easy to understand, and in your language.
  • Access any assistance you may need to understand your medical information.
  • Be involved in decisions regarding your medical treatment.
  • Receive respectful care from any medical professional.
  • Confidentiality regarding your medical care and treatments.
  • Read and copy your medical records to ensure accuracy.
  • File a complaint against any medical staff who treats you.

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