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What to Expect in a Medical Malpractice Case Proceeding?
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What to Expect in a Medical Malpractice Case Proceeding?

How do you know what happens during a medical malpractice case?

Medical malpractice lawsuits are complicated, emotional legal proceedings. Medical malpractice lawsuits total about 20,000 on average per year in the US and experts estimate that medical malpractice causes injuries to 250,000 people per year nationally.

Key Insights You’ll Gain:

  • Understanding Medical Malpractice Fundamentals
  • The Step-by-Step Legal Process
  • Evidence Requirements and Documentation
  • Settlement vs Trial Considerations
  • Timeframes and Important Deadlines

What Defines Medical Malpractice?

Medical malpractice is the act of a physician treating a patient under the established level of care that harms or injures the patient. Research estimates that between 250K-400,000 people are killed each year by medical malpractice, which is among the US’ top three leading causes of death.

But here’s what you should know…

Not every misfortune of medical treatment is malpractice. In order to be able to have a valid case, you need to show:

  • A doctor-patient relationship existed
  • Healthcare workers were incompetent.
  • The neglect inflicted particular damage.
  • The damage caused extensive losses.

These aspects are important to know because around 30% to 40% of medical malpractice cases result in a positive verdict for the plaintiff. This is why a robust argument should be present at the outset.

You can better get the process down if you learn from Atlanta, Georgia medical malpractice attorneys who work on these types of cases every day and know what you should do.

The Initial Investigation Phase

It starts with a comprehensive investigation of your case. This is the crucial first step in determining if you have an actual claim.

Here is what happens during this phase:

  • Obtaining and checking of medical records.
  • Consultation with medical experts
  • Measurement of quality of care.
  • Recording of damage and injuries.
  • Determination of all potentially responsible individuals.

Your legal department will accumulate numerous documents, such as:

  • Complete medical records
  • Test results and imaging
  • Prescription history
  • Treatment plans and notes
  • Billing records

This full-bodied assessment provides your case with its foundation, and what the case is made from.

Filing the Lawsuit

There are varying state statutes of limitations in medical malpractice cases. When you miss these deadlines to file, you cannot even request payment.

The filing process involves:

  • Preparing the complaint document.
  • Identifying all defendants.
  • Submitting the case to the proper court.
  • Notifying everyone.
  • Paying required filing fees.

This officially starts the process and alerts the defendants of your claim.

The Discovery Phase

Discovery is where the opposing side gathers evidence and presents its case. This phase typically includes:

  • Written interrogatories
  • Document requests
  • Depositions of witnesses
  • Expert witness statements
  • Medical examinations

It is usually the part that will decide whether your case is strong or whether it will be settled or go to trial. Good evidence from discovery can encourage prosecutors to settle in full and not face trial.

Expert Testimony

Do you want to know one of the most essential aspects of a medical malpractice case?

Expert testimony is absolutely essential. These medical experts help establish:

  • The appropriate level of care.
  • The manner in which that standard was violated.
  • How the breach hurt you.
  • The degree of damage caused.

Your specialists will need to be highly competent and able to make complicated medical concepts clear to a jury. They need to be:

  • Already working in the associated area.
  • Knowledge of the care level.
  • Experienced in similar cases
  • Credible and articulate

Settlement Negotiations

The vast majority of medical malpractice cases go to trial. In fact, settlements represented a majority of the 3,046 medical malpractice settlements reported in wrongful death cases in 2022.

Both sides will consider:

  • Strength of evidence
  • Potential jury appeal
  • Cost of continuing litigation
  • Risk of trial outcome
  • Insurance policy limits

Your attorney will lead you through the offers and help you decide whether to negotiate or fight.

The Trial Process

You go to trial if your case doesn’t settle. The trial process includes:

  • Jury selection
  • Opening statements
  • Presentation of evidence
  • Witness testimony
  • Closing arguments
  • Jury deliberation

A trial can be as short as a day or weeks, depending on the extent of the problem.

In medical malpractice cases, time is of the essence. Key timeframes include:

  • Notice requirements
  • Discovery deadlines
  • Expert witness deadlines
  • Trial dates

If any of these deadlines are missed, it can make or break your case, and you need to partner with knowledgeable lawyers capable of controlling these timelines.

Recovery and Damages

Learning what damages can be awarded in medical malpractice claims gives some hope. Recoverable damages typically include:

  • Withdrawn income and earning capacity.
  • Pain and suffering
  • Emotional distress
  • Decline in quality of life.

Your lawyers will collaborate with doctors and economists to calculate:

  • Long-term care costs
  • Future medical needs
  • Impact on earning potential
  • Life care planning expenses
  • Related financial losses

After the Case Ends

After your case is closed, what will happen next?

Through settlement or verdict, there are a few things to consider:

  • Finalizing paperwork
  • Distributing settlement funds
  • Paying outstanding medical liens
  • Addressing tax implications
  • Planning for future care

It will take your attorney to see that every knot is securely tied and your interests are represented.

Finding the Right Lawyers

This is the most important step in determining who represents you in your medical malpractice claim. Your attorney should have:

  • Experienced in medical negligence cases.
  • Successful cases experience in your past.
  • Access to medical experts
  • Strong negotiation skills
  • Trial experience

Look for attorneys who:

  • Expose complex legal issues and explain them clearly.
  • Maintain regular communication
  • Capital to prosecute lengthy lawsuits.
  • Understand medical terminology
  • Show commitment to your case.

Understanding Common Challenges

The problem in a medical malpractice case can be rather particular:

  • Complex medical evidence
  • Aggressive defense tactics
  • Extended timeframes
  • High litigation costs
  • Stringent proof requirements

Preparing for such scenarios keeps you on track and in good contact with your legal counsel.

Learning: Your Way To Go

Medical malpractice lawsuits take preparation and professional guidance. Success depends on:

  • Acting on time within the required deadlines.
  • Gathering comprehensive documentation
  • Collaborating with professional medical professionals.
  • Having experienced legal representation
  • Staying patient throughout the process.

Recall that it can be very lengthy and involved, but with skilled representation you stand a much better chance of winning. You’ll have an attorney to represent you throughout this process to make sure your rights are upheld and you receive the right amount of compensation.

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