Successfully litigating a medical malpractice claim is among the most costly and difficult legal challenges. Your case requires more than an adverse outcome and must include the testimony of a medical expert establishing the medical care was outside the standard of practice and not simply a risk.
Be prepared to present your theme
A medical case is about much more than a bad result. Unfortunately those happen every day. (i.e. -- contracting an infection in a hospital setting). Instead, your case must first be focused on the standard of care, a legal buzzword. A medical specialist must establish the medical care in issue fell below the recognized standard of care, and rebut any claim the poor outcome was simply of risk of the medical care rendered.
Talk to your doctor
odd as it may sound, after a bad outcome your treating doctor is typically not the physician you believe may have committed an error. Instead, that responsibility has been passed on to another doctor. Ask this physician what they truly believe. Even if they are unwilling to commit, that can tell you something.