Medical Negligence Cases: What Happens Leading Up To A Trial?

Medical malpractice or medical negligence claims are one of the most complicated types of personal injury claims. Several steps have to be taken before the case will ever actually go to trial in court, and the whole process can take between 18 months and three years to get there after the actual lawsuit has been formally filed. 

The attorney will collect all evidence for your case

Even collecting evidence in a medical negligence case can be a bit harder than what it is with some cases. Of course, most evidence in your claim will be supplied by you. You may be asked to provide things like: 

  • Medical records that are associated with your claim 
  • Documented evidence of injuries you have sustained 
  • Any proof you have that something was done wrong 

The medical negligence attorney will also be faced with gathering medical records you do not have, which can mean they have to submit requests on your behalf to get certain records. This part of the process alone can take quite a long time to complete. 

Medical experts may be consulted

Consulting medical experts in a negligence claim is an important step in the process, and it may be a necessary step for your claim. Medical experts are well-versed in the standards of traditional care, which means they can look at a claim and usually determine if something a care provider did was out of the ordinary or against the standards of care. 

A formal complaint will be filed

If the attorney and the medical experts determine that you do have a viable lawsuit, they will likely file a formal lawsuit at this point. In some cases, the attorney will file a formal complaint with the medical practitioner's malpractice insurer first to see if they will offer a settlement. However, it is rare for negligence cases to be settled at this point. 

Beyond all these things that happen during the filing stages of a medical negligence claim, there are several other things to come. Once the lawsuit is filed, you can expect that you may be called in for a deposition, there could be a mediation meeting scheduled, and there can be several months of wait time between every step. Some cases do get settled during these stages before a case ever actually makes it to trial. However, if a settlement is not offered or determined during mediation, the case will go to court. Just make sure you are working with a medical negligence attorney throughout the process. 

417 Words

About Me

Improving Your Life Every Day It isn't always easy to know how to move forward after something happens like a car accident, but the right people can guide you through the process. From talking with you about how you are feeling to helping you to file the appropriate paperwork, accident and personal injury attorneys make it easy to improve your life. If you are struggling after a car incident, don't feel like you are alone. Reach out to professionals to make sense of your financial situation and your vehicle repair. By making the right changes today, you can improve your entire future for the better.



Latest Posts

Why Victims Should Consult With DUI Injury Attorneys After Their Auto Accidents
15 September 2021
If a drunk driver collides into your vehicle and the result is an injury, there are different protocols you need to follow compared to standard auto c

Don't Forget These Documents After A Car Accident
29 June 2021
If you want to make the most of a personal injury claim after a car accident, you need to be on top of your game. You have to act quickly to ensure th

How To Prove Negligence In An Injury Case
9 June 2021
A personal injury attorney typically has to prove that a defendant was negligent. If you're planning to hire an injury attorney, it's important to und