How are Medical Malpractice Cases Resolved?
No one wants to be the victim of misdiagnosis, negligence or malpractice. After working with hundreds of clients, we know there is often hesitation to take legal action and sue another person. The legal process can feel intimidating and drawn out. However, if you’ve found yourself in a situation where you’re considering a medical malpractice lawsuit, we hope this rough timeline gives you a better picture of what to expect and how medical malpractice cases can be resolved.
- Find the right representation for you and/or your family. You need to work with someone that you feel confident with and that has a track record of success with medical malpractice cases. Having an experienced lawyer on your side, guiding you through the litigation process, is crucial.
- One of the first things your attorney will likely ask you about is your medical condition and the specific treatment that led to the alleged negligence. Medical records and health care bills all come into play during this time – your lawyer wants to see anything that’s helpful in proving your case.
- Your attorney will identify the appropriate expert medical witness, ideally someone who specializes in the same practice as the defendant. This expert helps review medical records and offers a professional opinion surrounding the health care provider’s conduct as it relates to the medical standard of care.
- Once the lawsuit and essential paperwork is filed, discovery can begin. Discovery refers to the process in which each party determines what the adversary’s legal claims and defenses are. Depositions are taken for relevant parties and witnesses.
- Mediation and negotiation occur after the discovery period ends. Sometimes, the plaintiff and defendant attorneys can settle a case by discussing it amongst themselves. In other cases, mediation may be required – a process where both clients and both lawyers use a third–party mediator to try to settle the case.
- Lastly, if mediation doesn’t work for your particular case, the case is scheduled for trial. At this stage, your attorney will present the intricate facts of the medical malpractice case in front of a jury in hopes of securing a favorable verdict.
There isn’t a one-size-fits-all when it comes to personal injury cases. Having a dependable lawyer who understands not only the case details from a medical perspective, but who understands the impact on your day to day life will make a tremendous difference. If you have any questions or need to speak to someone about a potential case, please contact us at firstname.lastname@example.org.