Medical Malpractice Cases: What to Expect
Medical malpractice cases can be complex. Do you, or does someone you love, have a viable medical malpractice claim? Only an attorney skilled in medical malpractice cases can answer that question for you. But if you’d like to know what to expect in a medical malpractice case, read on for some answers:
Timelines Are Important
Generally, you have three years from the time of the act or omission that gave rise to the lawsuit or from the time the damage was or reasonably should have been discovered. So if you believe you or a loved one may have a claim, don’t wait! Other time considerations are important in medical malpractice cases, too, for instance, how long will your case take to resolve? Some cases take two years or more to wind their way through the courts, but others take less than a year to be resolved. Talk to an attorney today, because time is of the essence.
Your Attorney May Bring in an Expert
In order to have a viable medical malpractice claim, a medical expert, usually in the same field as the defendant medical professional, will need to testify that the defendant behaved negligently, or that his behavior didn’t rise to the required standard of care for a similarly situated medical professional. The expert will also need to testify that it was the medical professional’s negligent care, and not something else, that caused your injuries and damages.
You May Get the Result You Want Without Having to Go to Trial
Not every medical malpractice case makes it to the trial list. In fact, the Bureau of Justice Statistics suggests that about 93% of all medical malpractice cases are resolved before trial, either through a withdrawal of the complaint or through a settlement, meaning only about 7% of cases go to trial. It’s possible for you to get the result you want without going through the stress and expense of a costly trial, but only an attorney with experience in medical malpractice cases can tell you what your odds are.
Both Sides Get Discovery
Before trial but after filing your claim, both sides get investigatory materials broadly referred to as “discovery” to help them prepare for trial. The defendant will be required to answer written questions in a series of questions called interrogatories, and witnesses may be required to come in and give testimony on the record in what is called a deposition. Your attorneys will also request any and all documents and medical records pertaining to your case. Discovery also works the other way around; you can expect to answer written questions or submit documents to the other side as they prepare their case.
Finding the Right Attorney Is Essential
If you or someone you know may have a medical malpractice claim, consider contacting an attorney today. Only an experienced Columbia personal injury attorney will be able to fully protect your rights and interests. Contact one today at The Stanley Law Group. Call 803-799-4700 and set up a consultation today.