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Medical Malpractice Lawsuit Procedure
A lawsuit is formally initiated when the patient alleging malpractice, or his/her attorney, file two legal documents known as the Summons and the Complaint. 
The Summons names the defendant, the claimant, the jurisdiction of the lawsuit and when and where the named person should appear. The Complaint states in detail the case against the health care provider and explains how the four elements of malpractice were fulfilled. 
Be aware of the statute of limitations. You may have a valid claim, but if you wait too long, the claim is lost even if it is valid. The general rule is that the claim must be filed within two years after the malpractice.
Once the case is filed, the process of presenting the facts before the court starts. Be aware that this can be a long and difficult process. You will have to answer many questions, including in response to interrogatories or written questions, and at oral depositions (live testimony, taken under oath, in the presence of a court reporter). Oral depositions are subject to cross-examination.
Sometimes, even when there is a clear case of medical negligence, a suit may not be a feasible option. Remember that medical litigation costs are very high. You may be forced to choose between settling/abandoning your claim and pursuing it.
Many lawsuits can be settled without going through this long drawn process. If both parties agree, the suit can be settled on terms that are acceptable to everyone. If not, it may take months or years before your case is resolved.
