Can I Sue My Doctor For Negligence? What To Know (2026)

Can You Sue a Doctor for Medical Negligence?

Any healthcare provider, including doctors, can be sued for medical negligence. Nearly one-third of all physicians in the United States are sued at least once throughout their careers. If they fail to offer the accepted standard of care and you sustain injuries because of their conduct, then they could be subjected to this legal process.

Common Reasons to Sue a Doctor for Negligence

The answer to the question, “Can I sue my doctor for negligence?” can be yes in a number of common scenarios. One of these is if you suffered injuries because of a medication error. If you were given the wrong drug or dose, you could suffer all manner of harm that could have been avoided.

A common reason for medical negligence lawsuits is not getting the right diagnosis in a timely manner. A misdiagnosis can prevent you from receiving the appropriate treatment while also exposing you to unnecessary procedures and medications.

Surgical errors can also result in medical negligence claims. If the surgeon doesn’t maintain a sterile field, operates on the wrong person or body part or doesn’t monitor patient vitals, they have likely failed to offer the standard level of care.

Birth injuries can also occur, leading both the mother and child to suffer injuries. Doctors must monitor the baby’s vital signs throughout the delivery, and they must address any maternal illnesses throughout the pregnancy to prevent complications. Additionally, they should be able to recognize when a C-section is necessary.

What You Need to Prove in a Medical Malpractice Case

When beginning these types of personal injury lawsuits, your lawyer will first need to establish that a duty of care existed. That involves showing you had a patient-doctor relationship with the defendant, and that they should have provided the accepted standard of care.

You’ll then need to demonstrate that they deviated from that standard. For example, if you presented with symptoms that would have prompted another doctor to order imaging tests and your doctor failed to do so, resulting in a worsening of the illness, that would be a deviation from the standard.

The next element you would need to prove is that the physician’s conduct was the direct cause of your injuries. This means showing that you would not have suffered harm if not for the actions of the doctor.

Steps to Sue Your Doctor for Malpractice

It’s essential to gather all evidence that demonstrates that malpractice occurred and speak with an attorney. These are highly complex cases that often require filing an affidavit of merit along with the actual claim. In most states, you also have to let the doctor know in writing that you’re filing a malpractice claim against them.

The negotiations process then begins with the doctor’s malpractice insurer, and in some instances, the company that insures the facilities in which the doctor works. If the negotiations fail, it may be time to file a lawsuit.

Your lawyer can file in the appropriate court and have the defendant served. This, then, triggers the discovery process.

How Long Do You Have to File a Medical Malpractice Lawsuit?

Make sure to keep the statute of limitations in mind. This deadline is different in every state. In Texas, for instance, you have two years to file the claim, while in Nevada, you have three years from the injury or one year from the discovery date.

What Compensation Can You Recover in a Medical Malpractice Case?

You can receive economic damages that address your medical expenses, including any future care you might need, along with any income you lost while recuperating. Non-economic damages address pain and suffering, as well as any diminishment you’ve experienced to your quality of life.

Why You Need a Medical Malpractice Attorney

A medical malpractice attorney can effectively begin the claims process on your behalf. They will have the necessary contacts to obtain an affidavit of merit and will know how to investigate and gather the appropriate evidence to prove you received substandard care.

Vitally, your lawyer will have experience negotiating with insurance companies. This means they will know how to fight for the compensation you deserve. If reaching a settlement isn’t possible, they can take your case to trial.

Get Matched With a Medical Malpractice Lawyer Today

At ConsumerShield, our team can connect you with experienced attorneys in your area who have the knowledge and local contacts necessary to aggressively negotiate for the compensation you need after suffering harm from medical malpractice. Contact us to learn more about how we can help today.