Steps Involved in Filing a Medical Malpractice Lawsuit  

1. Determining If You Have a Case  

The first step is to determine whether the circumstances qualify as medical malpractice. Not all unfavorable outcomes are due to negligence. A medical malpractice claim typically requires proving that the healthcare provider deviated from the accepted medical standard of care, resulting in harm. This often involves reviewing medical records and consulting with experts to evaluate the validity of the claim. 

2. Consulting with a Medical Malpractice Attorney  

Engaging with a specialized attorney is essential. Our team at McCune Law Group can take on your case with the right combination of drive and personalized attention. We know that hospitals often have large pockets to protect their interests, but we are not afraid to take on the challenge of facing a major organization. Crafting a careful strategy to ensure the best possible result, we will advocate for your interests in the courtroom and at the negotiating table. 

3. Pre-Lawsuit Requirements and Investigation  

Before formally filing a lawsuit, certain steps must be taken. Many states require a certificate of merit, which is a document from a medical expert confirming that the claim is valid and warrants litigation. This expert testimony is crucial in substantiating that the healthcare provider’s conduct was indeed negligent. 

4. Filing the Complaint  

Once you have gathered sufficient evidence and satisfied any pre-lawsuit requirements, the next step is filing the complaint in court. This document outlines your allegations, the facts of the case, the extent of the damages suffered, and the compensation sought. The defendants are then formally notified and must respond within a stipulated timeframe. 

5. Discovery Process  

The discovery phase involves both parties exchanging relevant information. This can include medical records, testimonies from medical experts, and depositions from involved parties. Discovery helps build a comprehensive case, allowing both sides to understand the strengths and weaknesses of the evidence and arguments. 

6. Negotiation and Settlement Attempts  

Many medical malpractice cases are settled out of court. Settlement discussions may occur during or after the discovery phase. Reaching a settlement can be advantageous as it avoids the uncertainty and expense of trial. However, the decision to settle should be carefully considered with your attorney, ensuring that any settlement reflects the full scope of damages. 

7. Going to Trial  

If settlement negotiations fail, the case advances to trial. Here, both parties present evidence and arguments, with the aim of convincing the judge or jury. Trials require the expertise of an experienced attorney who can effectively represent your interests and advocate for a just outcome.  

8. Verdict and Potential Appeal  

Once the trial concludes, a verdict is delivered. If it is in your favor, you will be awarded compensation. However, either party may choose to appeal the decision, which can lead to further proceedings. 

Frequently Asked Questions:  

• What qualifies as medical malpractice? 
  • Medical malpractice occurs when a healthcare provider’s negligence deviates from the accepted standard of care, resulting in harm to the patient. 
• Can medical malpractice cases be settled out of court? 
  • Yes, many cases are settled through negotiation to avoid the uncertainties and costs of a trial, though it is important to ensure the settlement is fair. 
• How long does a medical malpractice lawsuit take? 
  • The timeline varies based on factors like case complexity, court schedules, and settlement negotiations. It can range from several months to a few years. 
• What compensation can I seek in a medical malpractice case? 
  • Compensation may cover medical expenses, lost wages, pain and suffering, and other damages related to the injury caused by negligence. Consulting your attorney helps tailor these claims to your situation. 

How to Start Your Potential Case  

The Medical Malpractice attorneys at MLG can help you if you feel you have a valid claim and determine the next steps. Here are four steps to help you initiate contact:    

1. Step 1: Research and Gather Information – Before reaching out, gather all relevant information about your case. This includes details about the incident and information about the parties involved. Take note of the date, time, and location of the incident.     
2. Step 2: Call or Complete the Form for Initial Evaluation – Use the provided phone number or online form to contact our team. You may find it helpful to prepare a summary of your case before making the call or completing the form. This will ensure you provide essential details efficiently.     
3. Step 3: Schedule a Free Evaluation – Request a free evaluation to discuss your case in detail. We offer free initial evaluations to assess the viability of your case. During this meeting, you can share the specifics of your situation, ask questions, and get a better understanding of how our team can assist you.     
4. Step 4: Prepare for the Evaluation– Before the scheduled evaluation, organize all relevant documents and be prepared to articulate the details of your case clearly. This will help the attorney assess the merits of your case more effectively. During the evaluation, feel free to ask any questions you may have about the legal process, potential outcomes, and our approach to medical malpractice lawsuits. 

We Are Dedicated to You 

The above steps are a summary of the steps involved in filing a medical malpractice lawsuit and should not be taken as legal advice. Filing a medical malpractice lawsuit involves a series of complex steps, each requiring meticulous preparation and expert guidance. At McCune Law Group, we are dedicated to ensuring you receive the support and representation necessary to secure justice. If you suspect medical malpractice has affected you or someone you love, do not hesitate to contact us for a consultation. We are here to help you navigate the legal landscape with confidence and care.