Before you can file a medical malpractice lawsuit, you will first need to gather your medical records and other relevant evidence. Your attorney can help you to gather the necessary documents. A malpractice lawyer will want to review your medical records and other evidence and will work with a medical expert to determine whether malpractice likely occurred. If your lawyer and the expert agree that you were injured by the medical negligence of a doctor or other medical provider, the next step will be to file a civil complaint in the court with the proper jurisdiction. A certificate of merit is also required in a medical malpractice case, and you will then need to serve the pleadings on each of the defendants.