What happens during a medical malpractice lawsuit?
During your medical malpractice lawsuit, your attorney will obtain all of your medical records and bills that are relevant to the malpractice claim. You attorney may also acquire all of your medical records of any treatment you received that concerns the condition in question in your case. This process can take months.
Upon receipt of medical records, your attorney will review them to determine whether you have a valid medical malpractice case. If your attorney believes that you have a valid malpractice case, your attorney will look for and hire an expert witness. Such a witness is needed in order for the case to proceed to trial.
In most instances, the medical expert is a doctor who practices in the same specialty as the defendant. The expert must have analyzed the medical records, and present an opinion that the defendant was negligent, and that the defendant’s negligence caused your injuries.
Your attorney will then file a complaint, after which the parties will engage in the discovery process. This is where each party conducts an investigation into the other side’s legal claims and defenses. They send interrogatories, or questions, to each other, and take depositions of witnesses in the case, starting with the plaintiff and defendant. In the event the case does not settle, it will go to trial.
Other Frequently Asked Questions About Medical Malpractice
- How common is medical malpractice?
- How do I know if I have a medical malpractice case?
- What amount of damages can a patient recover in a medical malpractice claim?
- What happens during a medical malpractice lawsuit?
- What is the statute of limitations for filing a medical malpractice claim?
- What must a plaintiff prove in order to file a successful medical malpractice claim?
- What types of damages are recoverable in a medical malpractice lawsuit?