What to Expect in a Medical Malpractice Lawsuit: Step-by-Step Guide

Seeking Experienced Legal Counsel Is Critical to Having a Positive Outcome in a Medical Malpractice Case

Medical malpractice remains a major cause of preventable injury and death in the United States. According to one study in BMJ, medical error is the third leading cause of death in the United States. Malpractice occurs when a patient deviates from an acceptable standard of care and injures a patient in the process. This includes situations where a doctor or hospital fails to properly diagnose a patient’s illness. What follows is what to expect for any person pursuing a medical malpractice lawsuit.

Step 1: Consult With an Experienced Lawyer

If you’ve been injured by medical malpractice, the first thing that you should do is seek the guidance of an experienced attorney. You want to gather medical records and documents that detail what happened. It is also important to keep in mind that there are statutes of limitations for pursuing medical malpractice claims. It’s best to act with some sense of urgency.

Step 2: Case Investigation and Medical Records Review

Once you begin the process of consulting with an attorney, they will begin to evaluate your case on their end. They will review your records and gather additional information as needed. After reviewing the facts of your case, your attorney will make a determination as to whether or not you have an actionable claim. Not all injuries in a medical setting are the result of malpractice. If you do have an actionable case, the next step in the process is filing a lawsuit.

Step 3: Pursuing a Lawsuit

Your attorney will begin the process of drafting your legal complaint and filing it in court. They will notify all of the defendants involved in the lawsuit. This may include individuals, hospitals, or medical providers.

Step 4: Discovery Process

As part of every lawsuit, there’s a process known as discovery. During discovery, all parties exchange medical records, depositions, and written questions. The purpose of discovery is to really figure out what happened. The evidence from this process is used to create arguments about why one party is or is not liable for some incident.

Step 5: Consulting Expert Witnesses

Expert witnesses play a critical role in demonstrating negligence and medical malpractice cases. They can help indicate whether or not a doctor deviated from an acceptable standard of care. Their testimony can often make or break any medical malpractice claim.

Step 6: Settlement Process and Negotiations

The vast majority of medical malpractice cases settle long before they go to trial. During settlement negotiations, medical malpractice attorneys and hospital insurance providers will go back-and-forth over the merits and value of any claim. In some cases, hospitals will be adamant that they did not do anything wrong. In other cases, the big dispute may be over the value of any damages that result from an injury. If both parties agreed to settle, this is effectively the end of the legal process.

Step 7: Jury Trial

If insurance providers aren’t willing to offer a fair settlement, there is a good chance that your case will go to trial. During the trial, each side will present evidence and testimony. It will ultimately be up to a jury to decide the outcome of a case. Juries can be unpredictable. They can rule in favor of the defendant. This is one of the reasons that settlements are preferable in most cases.

Getting Legal Help for a Medical Malpractice Claim

Have you or someone that you care about been injured due to the medical errors of a doctor or hospital? You may have legal recourse. The New York medical malpractice attorneys at GLK Law are here to help. We are committed to helping accident victims get the support and justice that they need to move forward. Whether you just have legal questions or need a free, independent investigation into any incident, we are here for you. You can reach out to us anytime at (516) 908-9792.