What To Expect After You File A Medical Malpractice Case Against A Doctor

We seek medical experts’ services to treat us from our disease and ease the pain we are feeling. However, unfortunately, there are instances when these very professionals become the reason why our condition can worsen.

If you think you are a victim of such wrongdoing, getting help from a lawyer working for a medical malpractice firm is your best choice. These legal experts will assess your situation and help you get through the rather tedious legal process.

What Is Medical Malpractice

For your case to successfully fall under medical

Malpractice, you have to establish different elements first:

You and the doctor involved indeed have a doctor-patient relationship

There is a provision of care that doesn’t meet the accepted standard of care

There is a connection linking the substandard medical care to the harm experienced by the patient

There is a resulting quantifiable harm or damages to the patient.

You’re Filing A Medical Malpractice Case. Here’s What You Need To Know.

Almost every kind of legal case involves a tedious process of gathering evidence, seeking witnesses, and representing oneself before the court.

If you feel like your case falls under medical malpractice, the first step you need to undertake is to hire a lawyer from a medical malpractice firm. He or she is tasked to review your medical records and get help from a medical witness to prove that you are indeed a victim of medical malpractice.

Should you desire to pursue the case, the lawyer will be in charge of filing the lawsuit. From then on, you can expect for the following to transpire:

Filing of Offer of Proof of Certificate of Merit. Many states require a medical malpractice victim’s lawyer to file an Affidavit of Merit or Offer of Proof after filing the lawsuit. This procedure, whichever guarantees that the case is arguably legitimate, involves either getting a written opinion from a medical witness or an affidavit from another lawyer stating that the lawyer in charge has indeed consulted a qualified medical expert before filing the lawsuit.

Discovery. This procedure allows the opposing parties to investigate each other’s claims and defenses. They can send in questions to tackle the matter, and if one party is dissatisfied with the other party’s responses, he or she can file a motion to gather more compelling responses. This procedure takes about a year.

Mediation and Negotiation. After the discovery period, the lawyers of both parties will commence discussions about a settlement on their own. If they want to settle the case in front of a mediator, they can proceed with another process called mediation. If mediation works, there’s no need for the case to undergo a trial.

Trial. If a settlement is not reached, the case will then be scheduled for trial. Expect for your case to be rescheduled often as the court’s schedule is typically hectic. This is one prime reason why many medical malpractice cases take too long before they are closed.

To set your expectations, though the period may vary from state to state, a typical medical malpractice case can take anywhere from one to three years to complete. By hiring a lawyer from a medical malpractice firm, you will be thoroughly guided about your situation and the best possible resolution without compromising your legal rights.

Montross Miller is a medical malpractice firm with a team of attorneys who are considered authorities in their field. Do you have a case you want us to review? Contact us today!